YOGESH CHANDRAVADAN GHEEWALA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By preferring present appeal, appellant has requested to quash and set aside the judgment and order of sentence dtd. 26/11/2021 passed by the learned Special Judge, CBI Court No. 5, Ahmedabad in CBI Special Case No. 10 of 2016 convicting the appellant for the offence punishable under Sec. 120B, 420, 471 of the Indian Penal Code and Ss. 13(2) and 13(1)(d) of the Prevention of Corruption Act 1988.

(2.) Heard learned advocate for the appellant.

(3.) It was submitted by learned advocate for the appellant that present appellant has not put his any sign in the above documents nor has he prepared it. Moreover nor prosecution witnesses are not reliable and trustworthy. Still however learned Trial Court failed to appreciate said facts and thereby erred in passing impugned judgment and order of conviction. That, learned trial court had erred in not appreciating the documentary evidence produced below Exh. 57, being Post Sanction Inspection Report dtd. 4/9/2014 is produced by PW-1-Milind Duttatre Taamne wherein present appellant has no rile to play nor any illegality is committed by him therein. That, documentary evidence produced on record vide Ex. 74, being CA Certificate issued by other CA as well as Exh. 75 requisition being made for sanctioning of loan by other C.A. and Exh. 14 being Pre Sanction Inspection Report dtd. 9/5/2009, which was carried out by accused no. 2 Shri D.R. Parmar, Senior Manager were not properly appreciated by the trial court. That, Criminal Appeal No. 38 of 2022 was preferred by the co-accused, which was admitted by this Court vide order dtd. 27/1/2022.