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2019 Supreme(Bom) 1939

PRAKASH D.NAIK
Anup Kumar Gond – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
Mr. Niteen Pradhan with Siddharth Sharma, Mr. H.S. Venegaonkar with A.L. Bhise, Mr. Jahangir Khajotia, Mrs. M.R. Tidke, Adv

JUDGMENT

Prakash D. Naik, J.

With the consent of both the parties, matters are heard for final disposal.

The petitioner in Criminal Writ Petition No. 4306 of 2014 (Herein after referred to as Petitioner) is prosecuted vide Special Case No. 83 of 2003 for the offence punishable under Section 120B read with 409, 420, 465, 467 and 477A of Indian Penal Code (hereinafter referred to as IPC) and Section 13(1) (d) of Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act). In the proceeding arising out of Special Case No. 12 of 2006, the petitioner is prosecuted for offence under Section 13(1) (e) of Prevention of Corruption Act. The matters were listed for directions/clarification on 1st July 2019 and again closed for Judgment.

2. The petitioner had preferred an application for discharge in Special Case 83 of 2003 before the Special Judge, CBI which was rejected vide order dated 07th July 2010. The petitioner thereafter preferred Criminal Writ Petition No. 675 of 2011 before this Court.

By order dated 03.08.2011, the order rejecting discharge application was set aside by this Court and the matter was remanded back to the learned Special Judge to consider the issue as to whether

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