SHRICHAND MALKAANI Vs. STATE OF RAJ ASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as of learned Public Prosecutor and perused the judgment impugned dated 25.1.2018 passed by Special Court (Prevention of Corruption Act), Kota whereby the accused-petitioner has been convicted for the offences under Sections 120-B IPC readwith Section 13 (1) (d) and Section 13 (2) of Prevention of Corruption Act for a period of six years rigorous imprisonment with a fine of Rs.10 lacs and in default of payment of fine further undergo six month rigorous imprisonment. Petitioner has also been convicted for the offences under Sections 201 / 120-B , 193 / 120-B & 196 / 120-B IPC. The maximum sentence awarded to the petitioner is six years rigorous imprisonment.

(2.) Counsel for the petitioner has drawn attention of this Court towards the bill (Ex.D/2) contained in bill book Article 2A. Counsel submits that the authenticity of Ex.D/2 has not been accepted by the trial Court on the ground that some details, which were mentioned in other bills have not been mentioned thereupon. Counsel further submits that only on this ground the said bill has been treated to be suspicious and the defence plea has been rejected. Counsel further submits that the petitioner Shrichand Malkaani was owner of Anand Theli Bhandar and was doing the business of 'Kabaddi'. There is no role of the petitioner in between the then Manager of Rajasthan State Ganganagar Sikar Mills Shri Om Prakash Bansal and the licensee of Indian made country liquor Satya Narain. The alleged transaction of tented money is said to have taken place between Satya Narain and Om Prakash Bansal.

(3.) Learned Public Prosecutor has vehemently opposed the contentions raised by counsel for the petitioner.