Sunil Achyutrao Thete vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 2142

BHARATI DANGRE
Sunil Achyutrao Thete – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
Sudeep Pasbola, Advocate, Ayush Pasbola, Advocate, Sandeep Kumar Singh, Advocate, S.R.Agarkar, Advocate

JUDGMENT/ORDER

1. Criminal Revision Application is filed by the applicant who is charged for an offence punishable u/s.7, 12, 15, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act in C.R.No.02/2015 registered with Shahapur police station. He preferred an application for discharge before the Sessions Court at Kalyan which was rejected on 18/9/2019, and being aggrieved by the same, the applicant has approached this Court. I have heard Advocate Sudeep Pasbola for the applicant and Shri S.R. Agarkar, the learned APP for the State.

2. The prosecution case can be culled out as under :-

At the relevant time, the original complainant Shri Manik S. Pawar was working with M/s.R.V. Construction Company. The tender of the said Company was accepted by the Government for the work of construction of a road in Mouza Malegaon, Kudshet Shirgaon.

On 27/12/2014, when the said work was going on, Shri Thete, R.F.O seized the machinery and stopped the said work, stating that the work is being carried out in Malegaon, Kudset Forest Area/limit.

Thereafter, when the original complainant contacted Shri Thete, R.F.O in his office, he initially demanded Rs.1.00 lakh, and after negotiation, he agreed to accep