VidhiSangh

Supreme Court of India · 09/12/2021

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

[2021] 9 S.C.R. 821 · 2021 INSC 855

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld discharge of a private financier from a disproportionate-assets conspiracy prosecution. Custody of a company’s sale deed and attestation by his employee did not, without links to the purchase funds or an unlawful agreement, establish a prima facie case of conspiracy or abetment. The approvers’ material and recorded testimony supplied no incriminating link. Allegations in a separate bribery prosecution could not fill that gap where the present charge sheet had not adopted them. Mere suspicion did not require a trial against him.

Issues

  1. Whether custody of the sale deed and the employee’s attestation disclosed a prima facie conspiracy or abetment case.
  2. Whether allegations in a separate prosecution could supply missing ingredients in the present charge sheet.

Provisions considered

Held

Result

CBI’s appeal dismissed without costs after condoning filing delay; High Court’s discharge of the respondent from the present prosecution maintained.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 821.