SHABBIR AHMED SHERKHAN versus STATE OF MAHARASHTRA

SHABBIR AHMED SHERKHAN versus STATE OF MAHARASHTRA

The appellant received money for a particular purpose, did not hand it over to concerned persons, and remained absent from duty without sanctioned leave. The conviction under s.409 IPC and sentence are upheld; there being no scope for interference.

Source-derived case information.

Parties
Appellant: Shabbir Ahmed Sherkhan; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
20 March 2009
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Criminal Breach of Trust, Conviction and Sentence, Police Misconduct
Criminal Law Criminal Breach of Trust Conviction and Sentence Police Misconduct

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Parties

Shabbir Ahmed Sherkhan

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant committed criminal breach of trust by failing to hand over departmental funds to colleagues and absenting himself from duty without sanction

Ratio Decidendi

The appellant received money for a particular purpose, did not hand it over to concerned persons, and remained absent from duty without sanctioned leave. The conviction under s.409 IPC and sentence are upheld; there being no scope for interference.

Court Disposition

appeal dismissed

Orders

  • No interference with convictions and sentence of courts below.
  • Appellant has already served the sentence.