GHANSHYAM MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted for the offence under S.7 and S.13(1)(d) read with S.13(2) of the Prevention of Corruption Act, 1988 and sentenced rigorous imprisonment for a period of six months and one year respectively by judgment dated 31-7-2001 by the Special Judge, CBI, North Bihar, Patna, in Special Case No. 14/96 / R.C. Case No. 13(A) of 1996.

(2.) THE facts of the case are that on 15-6-1994 the complainant had given an application to the District Industry Centre, Madhubnai, for loan of Rs. 80,000/- for setting up an ice factory. The District Industry Centre after having processed the application sanctioned the same and sent it to the Allahabad Bank for releasing the said loan amount. On 28-8-1995, Rs. 4,000/- i.e. 5% was paid to the complainant and the same was deposited in the bank. The bank also disbursed additionally a sum of Rs. 10,000/- for the foundation. On 20-10-1995, the quotation was filed by the complainant and thereafter on 23-12-1995, the bank passed the delivery order to the Orient Refrigeration Company. On 8-1-1996, all the articles allegedly were delivered to the complainant. The complainant's grouse was that after he received the articles concerned, he submitted the bill to the Appellant - the Branch Manager for release of the further amount but instead of making payments he deferred payment of the same and instead demanded Rs. 4,000/- as bribe.

(3.) TO prove its case the prosecution examined 14 witnesses out of whom PW 1 Anil Kumar Sinha is the employee of the bank, who has certified the sanction order and is, therefore, formal in nature. PW 2 Chitranjan Sing, an employee of the Industry Department is also formal in nature, who has explained procedure of disbursement of loan. PW 3 Shashi Shekhar Pandey was the Branch Manager of the Allahabad Bank and he also explained the procedure of loan disbursement.