C Sangit v. C B I

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

• • CRL.A. 916/2015

C SANGIT ..... Appellant Through Mr. Anwesh Madhukar and Mr. Pranjal Shekhar, Advs. versus C B I ..... Respondent Through Ms. Rajdipa Behura, SPP with Mr. Philomon Kani, Ms. Kriti Handa, Ms. Hansika Sahu and Ms. Damini K., Advs. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R % 13.02.2018

Appellant has been convicted under Section 120-B read with Sections 419/420/467/468/471 IPC and Sections 13(2) and 13(1)(c) & 13(1)(d) of Prevention of Corruption Act. He has been sentenced to undergo rigorous imprisonment for a period of 3½ years with fine of ` 4,000/- was imposed. And in default of payment of fine to undergo simple imprisonment for three months under Section 120-B read with Sections 419/420/467/468/471 IPC and Sections 13(2) and 13(1)(c) & 13(1)(d) of Prevention of Corruption Act. Sentence of rigorous imprisonment for a period of 2½ years with fine of

` 2,000/- and in default of payment of fine to undergo simple imprisonment of two months under Section 419 read with Sections 468/471 IPC.

As per the prosecution, on 10^th July, 1996 residential premises of coaccused P.K. Thugan was searched in connection with the investigations in RC-33(A)/96/DLI. Various documents including cheque book of saving bank account number of 7770 of Vijaya Bank, Ansari Road, New Delhi in the name of Prem Kumar were recovered. On inquiry made from Vijaya Bank, it was revealed the said account was opened on 31^st March, 1994, inasmuch as one locker number 288 was also allotted against the said account. On verification of statement of account, it was revealed that 8 lacs was credited in the said account from the account no. 7798 opened on 25<sup>th</sup> April, 1994 in the name of Thanu Thungon on the introduction of coaccused Mahesh Maheshwari. Further investigations revealed that Mahesh Maheshwari had opened the account no. 7798, at the instance of P.K. Thungon impersonating himself as Thanu Thungon in order to encash the bank draft of 9,98,500/- issued by State Bank of India, Lerie Branch, Nagaland on the instructions of Irrigation and Flood Control Department, in respect of supply of sausage wire. It was further revealed that on the request of Government of Nagaland, central assistance of ` 2 crores was granted to