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2023 Supreme(Bom) 1334

G. A. SANAP
Narendra S/o. Bhagwantrao Mawale – Appellant
Versus
State of Maharashtra, through P. S. O. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N.R. Saboo, Advocate
For the Respondent: Mr. A.R. Chutke

JUDGMENT :

Heard.

2. Admit. The application is heard finally by consent of learned advocates for the parties.

3. In this revision application, challenge is to the order dated 1st June, 2018, passed by learned Additional Sessions Judge, Akola, whereby learned Additional Sessions Judge rejected the application made for discharge at Exh.31 by the applicant, who is accused No.5 in Special Case No.5 of 2009.

4. The facts are as follows :-

On the basis of the report lodged by Dr. Arun Thosar, a Civil Surgeon, Akola, a crime bearing No.227 of 2006 dated 30th November, 2006 was registered for the offences punishable under Sections 406, 409, 420, 468, 471, 120-B read with Section 34 of the Indian Penal Code, 1860 (IPC) and Sections 7, 13(c), (d) of the Prevention of Corruption Act, 1988 (P.C. Act). It is the case of the prosecution that between 1st April, 2004 and 30th November, 2006, goods and articles were purchased by the Officers of Laxmibai Deshmukh Hospital, Murtizapur, District Akola without any sanction order from the Government as well as without sanction of grant. The investigation revealed that the sanction orders were forged and fabricated. On the basis of the forged and fabricated s

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