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2022 Supreme(Bom) 1091

A.S.GADKARI
Arun Sambhaji Khanvilkar – Appellant
Versus
State Of Maharashtra Through ACB, Mumbai – Respondent


Advocates Appeared:
For the Appellant : Mr. Nitin Pradhan i/by Shubhada D. Khot; Mr. Satyavrat Joshi a/w Mr. Nitesh Mohite; Mr. Vaibhav G. Bagade.
For the Respondent: Mr. R.M. Pethe APP.

JUDGMENT :

1. Appellants have questioned legality and correctness of Judgment and Order dated 28th October, 2013 passed by the learned Special Judge (under P.C. Act), Greater Mumbai in Special Case No.76 of 2012, thereby convicting the Appellant-Arun S. Khanvilkar (Appeal No.1267 of 2013) for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, “the P.C. Act”) and is sentenced to suffer maximum rigorous imprisonment for two years and to pay total fine of Rs.1,00,000/-; Appellant-Chetan L. Desai @ Khamla (Appeal No.1299 of 2013) and Appellant-Sanjay B. Khakkar (Appeal No.1306 of 2013) under Section 12 of the P.C.Act and are sentenced to suffer rigorous imprisonment for 18 months and to pay fine of Rs.50,000/- each; in default of payment of fine they are sentenced for further imprisonment of specified period to be undergone.

2. For the sake of brevity, the Appellants hereinafter will be referred to as per their original nomenclature before the trial Court i.e. Appellant-Arun S. Khanvilkar as accused No.1 (A-1); Appellant-Chetan L. Desai @ Khamla accused No.2 (A-2) and Appellant-Sanjay B. Khakkar accused No.3 (A

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