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Supreme Court of India 2021-12-09 dismissed

THE STATE BY S.P. THROUGH THE SPE CBI vs UTTAMCHAND BOHRA

Bench: 2 — K.M. Joseph, S. Ravindra Bhat

In Brief

The State challenged the High Court's discharge order for Uttamchand Bohra, an accused in a disproportionate assets case involving a public servant. The Court upheld the discharge, holding that mere possession of a property's sale deed and a witness signature by the accused's employee, without evidence of agreement or involvement in the illegal transaction, cannot establish conspiracy or abetment. The Court emphasized that a non-public servant cannot be prosecuted under the Prevention of Corruption Act, and that suspicion—even strong suspicion—is insufficient to frame charges; grave suspicion grounded in material evidence is required. The appeal was dismissed.

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Criminal Procedure Conspiracy Prevention of Corruption Act Discharge of Accused Framing of Charges Charge-sheeting Evidence Prima Facie Case

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