State Of Raj vs Vinod Agarwal And Anr
2023 Latest Caselaw 3891 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Crml Leave To Appeal No. 237/2013

State Of Raj.

----Appellant Versus Vinod Agarwal And Anr.

----Respondent Connected With S.B. Criminal Appeal No. 380/2013 Satyanarain

----Appellant Versus State And Ors.

----Respondent

For Appellant(s) : Mr. Abhishek Purohit, AGA For Respondent(s) : Mr. Sudhir Saruparia

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/05/2023

(In S.B. Crml Leave To Appeal No. 237/2013)

1. What is emanating from the record that the prosecution was

launched against the accused respondent for the accusation under

the Penal Provisions of Prevention of Corruption Act. It was alleged

that under the colourable exercise of the power and by misusing

of office, loss to the public exchequer had occurred and, thus, a

case of criminal misconduct was found. After taking cognizance of

the offence, charges were framed and the trial was commenced.

The learned trial Court after appreciation of 11 prosecution

witnesses and 39 documents, which were tendered into evidence

on behalf of the prosecution, has acquitted the accused

respondents by giving them benefit of doubt, since there was no

(2 of 2) [CRLLA-237/2013]

statutory bar to launch the prosecution and the acquittal was

made after critical appreciation of evidence, I feel that present is a

fit case to allow the State to move an appeal against the

impugned judgment.

2. Accordingly, the instant leave to appeal application is

allowed. The memo of leave to appeal application shall be treated

and registered as an appeal.

3. Office to proceed.

4. List the matter for admission on 15.05.2023.

(In S.B. Criminal Appeal No. 380/2013)

List the matter on 15.05.2023.

(FARJAND ALI),J 36-37 divya/-

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