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
Rama Narang v. Ramesh Narang & Ors., (1995) 2 SCC 513
State of Tamil Nadu v. A. Jaganathan, AIR 1996 SC 2449
K.C. Sareen v. Central Bureau of Investigation, Chandigarh, AIR 2001 SC 3320
State of Maharashtra v. Gajanan & Anr., AIR 2004 SC 1188
Ravikant S. Patil v. Savabhouma S. Bagali, (2007) 1 SCC 673
Navjot Singh Sidhu v. State of Punjab & Anr., AIR 2007 SC 1003
State of Punjab v. Navraj Singh AIR 2008 SC 2962; Referred. (Para 11)
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