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Supreme Court of India 2017-10-05 dismissed

Ravi Sinha : Ravi Sinha : Sandeep Malik : Kamal Malik vs State of Jharkhand : State of Bihar (Now Jharkhand) Through C.B.I. : State of Jharkhand : C.B.I

Bench: 2 — Ashok Bhushan

In Brief

This case involved criminal appeals challenging orders that made absolute the attachment of properties during a massive fodder scam investigation spanning Rs. 600 crores of misappropriated public funds. The principal accused, Dr. S.B. Sinha, had died in 1999, but his son Ravi Sinha was convicted in related cases and remained a party. The Supreme Court held that although prosecution could not continue against the deceased, the attachment orders need not be withdrawn because surviving legal heirs (particularly Ravi Sinha, who was himself convicted) remained under criminal proceedings. The Court also clarified that the power to attach property under the Ordinance is not limited to property directly procured through fraud but extends to any property of equivalent value. All appeals were dismissed.

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Criminal Procedure Attachment of Property Forfeiture Criminal Law (Amendment) Ordinance 1944 Sections 12 and 13 Death of Accused Conspiracy Recovery of Misappropriated Funds Article 136 Jurisdiction

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