LAWS(BOM)-2023-6-332

PHILOMINA DIAS Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On June 16, 2023
Philomina Dias Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) The Petitioner is aggrieved by order dtd. 1/3/2022 passed by the learned Special Judge (CBI) in C.B.I. Special Case No.4 of 2008 rejecting the application for discharge.

(2.) The case of the prosecution is as follows :-

(3.) Learned Advocate for the Petitioner submitted that, there is no evidence to frame charge against the Petitioner. The Petitioner was the guarantor and the properties which were furnished as collateral security and the documents relating to those properties were not fabricated. The Petitioner had not participated in the crime. She was not aware about the credit facilities which were alleged to be taken on the basis of alleged fabricated documents. She is the wife of the co-accused. The co-accused is the borrower. Although it is alleged that the amount of Rs.3,00,000.00 was transferred into the account of the Petitioner, there is no document on record to show that such amount has been credited into the bank account of the Petitioner. The Petitioner did not receive any amount of Rs.3,00,000.00 which could be termed as proceeds of crime.