- (1.) Seven persons faced prosecution and trial for offences punishable under Sections 120-B read with Section 420 IPC and under the provisions of Section 13(2) of the Prevention of Corruption Act coupled with offences under Sections 420, 467, 468, 471, 201 IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. One of the person, namely S.K.Chopra, an accused amongst these seven persons, was declared proclaimed offender.
(2.) Out of the remaining six persons, who faced this prosecution, Mr.B.R.Sharma was working as Manager State Bank of India, Kikkar Bazar Branch, Bhatinda and, thus, was a public servant. Ashok Kumar, one of the persons so tried, was partner in M/s Ashoka Cotton and Ginning and Processing Factory, Goniana Mandi, Bhatinda (for short, "M/s Ashoka Cottons"). Mukesh Kumar, one of the accused person was proprietor of the firm M/s EMM EMM Traders, Bhatinda. Suresh Grover and Raj Kumar, two other persons accused, who were employees of M/s EMM EMM Traders and M/s Nav Bharat Cotton Trading Company respectively, whereas 7 th accused person, Vinod Kumar, was working as a Clerk in the Transport Company named M/s Super Roadways, Bhatinda. All the accused persons have been convicted for various offences alleged against them. Upon their conviction, each of the accused persons were sentenced to undergo the sentences noticed as follow:-
(3.) Each of the six accused/convict namely B.R.Sharma, Vinod Kumar, Suresh Grover, Ashok Kumar, Raj Kumar and Mukesh Maheshwari is sentenced to undergo RI for 6 months and to pay Rs.1000/- as fine and in default of payment of fine to further undergo R.I. for two months. Under Section 120B IPC read with Section 420 IPC read with 13(2) of the Prevention of Corruption Act. Each of the six accused/convict, namely, B.R.Sharma, Vinod Kumar, Suresh Grover, Ashok Kumar, Raj Kumar and Mukesh Maheshwari is sentenced to undergo RI for one year and to pay Rs.2000/- as fine and in default of payment of fine to further undergo R.I. for two months. Under Section 420 IPC. Each of the three accused/convict namely Vinod Kumar, Suresh Grover and Raj Kumar is sentenced to undergo R.I. for two year and to pay Rs.2000/- as fine and in default of payment of fine to further undergo R.I. for two months. Under Section 467 IPC Each of the three accused/convict namely Vinod Kumar, Suresh Grover and Raj Kumar is sentenced to undergo R.I for one year and to pay Rs.2000/- as fine and in default of payment of fine to further undergo R.I for two months. Under Section 468 IPC Each of the four accused/convict namely Vinod Kumar, Suresh Grover, Raj Kumar and Mukesh Maheshwari is sentenced to undergo R.I for one year and to pay Rs.2000/- as fine and in default of payment of fine to further undergo R.I for two months Under Section 471 IPC Accused/convict B.R.Sharma is sentenced to undergo R.I. for 6 months and to pay Rs.1000/- as fine and in default of payment of fine to further undergo R.I. for 2 months. Under Section 201 IPC Accused/convict B.R.Sharma is sentenced to undergo R.I. for 2 years and to pay Rs.2000/- as fine and in default of payment of fine to further undergo R.I. for two months. U/s 13 (2) of Prevention of Corruption Act. They have now impugned the findings and sentences through these separate six Crl. Appeal Nos.33-SB of 1997 (Ashok Kumar Vs. State of Punjab), 10-SB of 1997(Raj Kumar Vs. State of Punjab), 16-SB of 1997(Suresh Grover Vs. State of Punjab),34- SB of 1997(Mukesh Maheshwari Vs. State of Punjab through CBI), 30-SB of 1997(B.R. Sharma Vs. State of Punjab), and 17-SB of 1997 (Vinod Kumar Vs. State of Punjab).;