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October 18, 2000

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HC to hear Buta Singh's appeal in JMM case

Sudipt Arora in New Delhi

The Delhi high court on Wednesday issued notice to the Central Bureau of Investigation and admitted for hearing an appeal by former Union minister Buta Singh challenging the October 12 order of a trial court, which sentenced him to three years' rigorous imprisonment in the Jharkhand Mukti Morcha Members of Parliament bribery case.

Justice R S Sodhi will hear the matter on November 7, a day before an interim bail granted by special CBI judge Ajit Bharihoke expires.

CBI counsel A K Dutt argued before the high court that the convict must pay fines immediately. He said Section 389 of the Criminal Procedure Code says that imprisonment can be suspended but not the fines.

Buta Singh was sentenced to three years' imprisonment and a fine of Rs 100,000 for offences punishable under Section 120 b of the Indian Penal Code (criminal conspiracy) read with Sections 7, 12, 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988.

He was also sentenced to imprisonment of three years and a fine of Rs 100,000 for offences punishable under Section 12 of the PCA. Both sentences are to run concurrently. If he does not pay the fines, the sentences will be extended by six months.

In his appeal, Singh said the trial court failed to consider that the prosecution was not able to bring any incriminating evidence against him. The trial court also failed to appreciate that the charge of conspiracy was not proved. There was neither any direct nor circumstantial evidence to draw inference of conspiracy, said his lawyer Satish Tamta.

While convicting the two Congress leaders, the court had acquitted nine others on the basis of benefit of doubt.

UNI

The JMM bribery case: The full coverage

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