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2019 Supreme(Bom) 906

P.N.DESHMUKH
Laxman – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Satyavrat Joshi, Adv., Nitesh J Mohite, Adv., Arfan Sait, Adv.

JUDGMENT :

P.N. Deshmukh, J.

This appeal takes exceptions to judgment dated 18.08.2008 passed in Special Case No.1 of 2000 by the learned Special Judge, Gr. Bombay, by which both the appellants who are original Accused Nos.1 and 2, came to be convicted for the offences punishable under Sections 7 r/w Section 12 of Prevention of Corruption Act, 1988. They are further convicted for the offences punishable under Sections 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988. Both the sentences are directed to run concurrently.

2. During the pendency of appeal, appellant No.1 died on 13.09.2018 and to further prosecute the appeal, his wife and three children by filing Criminal Application No.1751 of 2018 sought permission to prosecute the same, which application was allowed by order dated 29.11.2018.

3. Brief facts of case of prosecution can be stated as under: P.W.2 Abu Mohamed Maniyar, the complainant, at the time of incident was into purchase and sale of scrap, having a shop situated at Kurla (East), Mumbai. Both the appellants were posted as Police Naiks attached to Parksite Police Station. On 16.03.1999 both the appellants went to the shop of complainant along with one Rashid, who

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