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2023 Supreme(Bom) 1335

G. A. SANAP
Kisan Baliram Rathod – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr S. V. Sirpurkar, Advocate
For the Respondent: Mr Amit Chutke, Adv

JUDGMENT :

1. Heard.

2. In this revision application, challenge is to the order dated 21.09.2016, passed by the learned Special Judge, Akola, whereby the learned Special Judge rejected the application at Exh. 10 made by the applicants/accused Nos. 1 and 2 for their discharge in Special ACB case No. 2 of 2014.

3. In this crime, initially there were three accused. Accused No. 3 Hiraman Ghatte died on 29.04.2011, before filing of the charge-sheet. The accused No. 2/applicant No.2 died during the pendency of this application. Now, the special criminal case is pending against accused No.1. Accused No.1 retired from service, on 30.06.2005, before filing of the charge-sheet.

4. The sum and substance of the case of the prosecution against the accused is that in the year 2004, the accused No.1 was working as a ‘Divisional Controller’, the accused No.2 was working as an ‘Engineer’ and accused No. 3 was working as ‘Traffic Inspector’ ¼okgrqd fujh{kd½- It is the case of the prosecution that in the year 2004, the process for filling up the vacant posts was initiated by the State Transport Corporation of Maharashtra. Applicant No.1/accused No.1 was appointed as Chairman of the Selection Committee,

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