State vs Purshotam Lal And Anr
2021 Latest Caselaw 16683 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Crml Leave To Appeal No. 472/2017

State of Rajasthan

----Appellant Versus

1. Purshotam Lal son of Ram Niwas Rungta, Retired Chief Engineer, Mahi Priyojana, Banswara (Raj.) Resident of 22 A, Charak Marg, Ambamata Scheme, Udaipur.

2. Ashok Kumar Jain, Contractor, M/s Bangad Construction Company, Banswara, Resident of Sawan Shiv Marg, Banswara.

----Respondents

For Appellant(s) : Mr. Shrawan Kumar Bishnoi, Public Prosecutor For Respondent(s) : Mr. Suresh Kumbhat & Mr. Naresh Khatri

HON'BLE MR. JUSTICE RAMESHWAR VYAS Judgment

09/11/2021

This is criminal leave to appeal under Section 378(iii) & (i)

Cr.P.C. filed by appellant - State assailing impugned Judgment and

Order dated 16.02.2017 passed by Special Judge, Sessions Court

(Prevention of Corruption Cases), Udaipur in Criminal Regular

Case No. 20/2005 titled as "State of Rajasthan Vs. Purshotam Lal

& anr." vide which the accused Purshotam Lal and Ashok Kumar

Jain, the respondents herein, were acquitted from the offences

under Sections 13(1)(D) & 13(2) of Prevention of Corruption Act,

1988 and Section 120-B I.P.C.

Heard learned Public Prosecutor and learned counsel for the

respondents. Perused the record of the case as well as impugned

judgment passed by the trial court.

(2 of 3) [CRLLA-472/2017]

Learned Public Prosecutor appearing on behalf of the

appellant - State while praying for grant of leave to appeal,

submits that the Trial Court has erred in disbelieving the

statements of the prosecution witnesses and has wrongly

acquitted the respondents of the charges levelled against them.

He, therefore, prays that the leave to appeal may be granted.

Learned counsel for the respondents submit that total four

criminal cases were instituted against the accused persons under

the provisions of the Prevention of Corruption Act, 1988. In all

the four cases, the respondents have been acquitted from the

offences charged against them. The leave to appeal in three cases

filed by the State challenging the orders of acquittal bearing S.B.

Criminal Leave to Appeals No. 259/2017 (State of Rajasthan Vs.

Purushottam Lal & anr.), No. 440/2017 (State of Rajasthan Vs.

Purushottam Lal & anr.) and No. 568/2017 (State of Rajasthan Vs.

Purshotm Lal & anr.) have already been dismissed by this Court

vide Judgments dated 24.09.2018, 05.10.2018 & 11.10.2018,

respectively. Learned counsel further submit that the present

leave to appeal is also based on the same grounds and there is no

reason to differ from the conclusion arrived at by the Coordinate

Bench of this Court.

From perusal of the impugned judgment, it emerges that the

Trial Court has elaborately dealt with every aspect of the matter

and found that no illegality was committed by the respondents.

As per Letter (Ex.D/2) issued by the Chief Engineer, Mahi Project,

Banswara to the State Government, it was mentioned that no

irregularity was committed in performing the disputed work. No

undue advantage was extended to the contractor and the audit

(3 of 3) [CRLLA-472/2017]

para made by the Auditor General was recommended to be

deleted.

Having regard to the submissions made by learned counsel

for the parties and after perusing the record of the case as also

relying on the reasons mentioned in the orders passed by the

Coordinate Bench of this Court, this Court is of the opinion that

the State has failed to make out any case for grant of leave to

appeal. The Trial Court has given cogent reasons for its conclusion

in acquitting the respondents from the offences charged against

them under the Prevention of Corruption Act, 1988.

The criminal leave to appeal filed by the appellant - State is

devoid of any merit and same is hereby dismissed.

(RAMESHWAR VYAS),J

56-Inder/-

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