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2012 Supreme(SC) 733

B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
State of Maharashtra Through CBI, Anti Corruption Branch, Mumbai – Appellant
Versus
Balakrishna Dattatrya Kumbhar – Respondent


Judgment :-

Dr. B.S. CHAUHAN, J.

1. This Criminal Appeal has been preferred against the impugned judgment and order dated 8.4.2008 in Criminal Application No. 157 of 2008 in Criminal Appeal No. 1243 of 2007 passed by the High Court of Bombay, by way of which, the High Court passed an order of suspension of the conviction of the respondent under Section 13(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the `Act 1988’), passed by the Special Judge, vide order dated 15.10.2007 in Special Case No. 93 of 2000.

2. The facts and circumstances giving rise to this appeal are as follows:

A) On 8.1.1999, Special Case No. 93 of 2000 in R.C. No. 39-A of 1999 was registered against the respondent, the then Superintendent of Central Excise, Mumbai, for the offences punishable under Section 13(2) r/w 13(1)(e) of the Act 1988, alleging that he possessed assets disproportionate to his disclosed source of income which was to the extent of Rs. 7,64,368/-

B) After completing the investigation of the case, the investigating agency filed a charge-sheet dated 27.12.2000, under the said provisions of the Act, 1988. The trial court concluded the trial and convicted





















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