CHANDRA SHEKHAR PARASHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON certain information received by the police that Mr. Bansilal Loharia in his capacity as Chairman of the District Board, Jaipur,had committed certain acts which made him liable to prosecution under sec. 5 of the Prevention of Corruption Act, the Government of Rajasthan passed an order No. F. 1 (130) LJ/b/57, dated 12th August, 1957, in exercise of the powers conferred by sub-sec. (2) of sec. 7 of the Criminal Law Amendment Act, 1952, (Act No. XLVI of 1952), specifying the Additional Session Judge, Jaipur City (appointed as Special Judge by Notification No. F. 2 (9) Jud/52 dated 26. 8. 1952 to be Special Judge for the trial of cases against Shri Bansilal Loharia under sec. 5 (2) of the Prevention of Corruption Act, 1947. Shri Kuber Dan, Deputy Superintendent of Police, C. I. D. , Jaipur, thereafter lodged a complaint under Sec. 5 (2) of the Prevention of Corruption Act against Shri Bansilal Loharia, and of abetment of the offence under sec. 5 (2) of the said Act against Shri Sumatimal Jain. The Additional Sessions Judge framed a charge on 21st September, 1957, against, Mr. Bansilal Loharia as also against Mr. Sumatimal Jain. Both pleaded not guilty and claimed to be tried.

(2.) BRIEFLY stated the gravemen of the charge was that Mr. Bansilal Loharia while acting as Chairman of the District Board, Jaipur, by corrupt and illegal means of otherwise abusing his position as such public servant committed various acts of criminal misconduct prejudicial to the interests of the Board by manipulating investment of the District Board Funds by transferring them from fixed deposits to call deposits and from one bank to another on less favourable terms and derived illegal pecuniary advantage there from for himself to which he was not entitled, and that on or about 23rd December, 1954, obtained with the help of accused Sumatimal Jain an illegal gratification in the shape of brokerage commission amounting to Rs. 125/-in respect of one District Board Fixed Deposit of the face value of Rs. 1 lakh lying with Bikaner Bank, Jaipur, by converting it from fixed deposit to call deposit on less favourable terms. The charge framed by the court was under sec. 162 of the Indian Penal Code and sec. 5 (2) of the Prevention of Corruption Act.