LAWS(MPH)-2012-12-109

ARUN KHARE Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On December 05, 2012
Arun Khare Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) ALL these appeals have been filed against the common judgment delivered on 25th January, 2004 in Sessions Trial No. 08/1994 by Special Judge, C.B.I. (Prevention of Corruption Act, 1988) and 6th A.S.J. Indore, in which challans were filed separately based upon the investigation conducted by C.B.I. on R.C. No. 8 (A)/91 -BPL and by which the accused Arun Khare, Prakash Nandedkar, Arvind Bhide, Pallavi Nandedkar, Ramesh Wankhede, Kaushal Ladia, Viney Majumdar, Murlidhar Demlani, Manohar Manglani and Girish Telang, were convicted under section 420 of IPC and sentenced to undergo R.I. for two years with fine of Rs. 1000/ - each; in default of payment of fine, to further undergo R.I. for three months each. All of them have also been convicted under section 120 -B of IPC and sentenced to undergo one year R.I. with fine of Rs. 1000/ - each; in default of payment of fine, to further undergo R.I. for three months each. Accused Arun Khare and Arvind Bhide were also convicted under sections 13(1)(D) read with section 13(2) of the P.C. Act and have been sentenced to undergo R.I. for one year with fine of Rs. 1000/ - each; in default of payment of fine, to undergo R.I for three months. Details about the case number, appeal number, name of the accused persons who were involved, details of their conviction and sentence awarded to them are reproduced hereunder in the chart form:

(2.) INVESTIGATION commenced after C.B.I. registered the FIR suo moto vide R.C. No. 8 (A)/91 -BPL. The allegations made in the said FIR are as under:

(3.) CASE of the prosecution has been dealt in paragraph No. 4 of the impugned judgment, which reads as under: