B. NARAIN @ BISHWANATH NARAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and learned Counsel for the C.B.I.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 19th December, 2002 passed in R.C. No. 13(A) of 1994(R) by Devendra Kumar Lal, 7th Additional Judicial Commissioner?cum?Special Judge (CBI), Ranchi, by which he found the sole Appellant B. Narain guilty under Section 13(2) of the Prevention of Corruption Act.

(3.) It is submitted by the learned Counsel for the Appellant that the trial Court failed to consider the fact that there was no occasion for the Appellant to demand Rs. 2500/? from the informant, since the loan of Rs. 1,00,000/? under the Prime Minister Rozgar Yojana was sanctioned by the Government, in which the Petitioner has no hand being the Branch Manager of Kishore Ganj, Punjab National Bank, Ranchi. As per rule, before the money is released, it is the duty of the manager to see that the loanee deposits the margin money, which was Rs. 5,000/? for Rs. 1,00,000/? and since the amount was sanctioned in his favour, he was directed by the Branch Manager to deposit the same and on the date of occurrence the informant came with Rs. 2,500/?, which was the part payment of the margin money and the same to be deposited by the informant being the 5; of he sanctioned loan and since he came to office late and there was no chance to deposit on the same day, as such , he asked him to keep the money for being deposited on the next day, but the same was recovered by the raiding party. It is not a case of demand of any bribe and as such, the conviction of the Appellant is bad in law and is liable to be set aside.