BAJRANG LAL & ANR. versus STATE OF RAJASTHAN

BAJRANG LAL & ANR. versus STATE OF RAJASTHAN

Khalasis working under the Works Manager and dealing with preparation and issuance of railway passes performed public duties auxiliary to those of the Works Manager and his office, thereby qualifying as 'public servants' within s. 21, Ninth, Penal Code, at the material time. Their conviction under s. 5(1)(d) and (2) Prevention of Corruption Act was thus valid.

Parties
Appellant: Bajrang Lal; Appellant: Ram Kishan; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
24 February 1976
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Definition of Public Servant, Forgery, Conspiracy, Prevention of Corruption Act
Criminal Law Anti Corruption Law Definition of Public Servant Forgery Conspiracy Prevention of Corruption Act

Case Brief

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Parties

Bajrang Lal

Appellant

Ram Kishan

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the appellants, Khalasis associated with issuing railway passes, were 'public servants' under s. 21, Indian Penal Code, for the purposes of the Prevention of Corruption Act
  2. 2 Whether the convictions for conspiracy, forgery, and offences under the Prevention of Corruption Act were sustainable on facts

Ratio Decidendi

Khalasis working under the Works Manager and dealing with preparation and issuance of railway passes performed public duties auxiliary to those of the Works Manager and his office, thereby qualifying as 'public servants' within s. 21, Ninth, Penal Code, at the material time. Their conviction under s. 5(1)(d) and (2) Prevention of Corruption Act was thus valid.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of the appellant upheld