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2019 Supreme(Bom) 2354

K.K.SONAWANE
State Of Maharashtra – Appellant
Versus
Bhikan Bismlla Maniyar – Respondent


Advocates Appeared:
A.P. Basarkar, Advocate, P.B. Bhosale, Advocate

JUDGMENT

K K Sonawane, J. - The instant matter calls-in-question the legal issue of previous sanction as contemplated under Section 19(1)(c) of the Prevention of Corruption Act, 1988, therefore, leave to present an appeal under Section 378 of Code of Criminal Procedure is hereby accorded. The appeal be registered accordingly.

2. Heard the learned counsel for the parties.

3. Admit. The appeal is taken up for its finality on merit at the stage of admission, with consent of both sides.

4. The prosecution-State of Maharashtra, taking recourse of remedy under Section 378 of Cr.P.C, preferred the present appeal and put-incontroversy the validity and legality of the impugned Judgment and order of acquittal of respondent-accused for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, rendered by the Special Judge, Jalna in Special (PCA) case No. 12 of 2013 dated 29-08-2017.

5. The allegation nurtured on behalf of appellant-prosecution against the respondent-accused in short compass is that, the complainant Shri Dilip S/o Trimbakrao Pimple r/o Kalegaon, Ta. and District Jalna, on 01-01-2013, approached to ACB Sleuth, Jalna and lodg

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