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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
SANJAY A. DESHMUKH
Tarachand s/o Dharmu Rathod – Appellant
Versus
State of Maharashtra, through the Deputy Superintendent of Police, Anti Corruption Bureau – Respondent
JUDGMENT :
Sanjay A. Deshmukh, J.
1 This appeal is preferred by the convicted accused against the judgment dated 23rd April, 2018 delivered by the learned Special Judge (P.C. Act), Aurangabad in Special Case (ACB) No.39 of 2015, by which the appellant was convicted under Section 235(2) of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”) for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short, “the PC Act”) and sentenced to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.5,000/-. In default, to suffer further simple imprisonment for 6 months. The appellant was further convicted for the offence punishable under Section 13(1)(d) read with Section 13(2) of the PC Act and sentenced to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.5,000/- and in default, to suffer further simple imprisonment for 6 months. Both the sentences were directed to be run concurrently.
2 The learned Senior Counsel for the appellant pointed out the report lodged by the complainant Mrs. Urmila Bokan against the appellant, stating that the appellant was found accepting the bribe amount. It is alleged that the appellant had deman
The validity of the sanction granted to prosecute a public servant must be confirmed by a competent authority; failure to do so renders the prosecution invalid.
Any error, omission or irregularity in grant of sanction will not affect any finding, sentence or order passed by a competent Court unless in opinion of court a failure of justice has been occasioned....
The requirement of prior sanction under the Prevention of Corruption Act is essential for the prosecution of public servants, and failure to obtain it renders proceedings void unless it results in a ....
The judgment established that the absence of sanction can be raised at the inception and at the threshold as it goes to the root of the matter. It also emphasized that the validity or illegality of t....
The legal principle established is that the authority granting sanction must be competent and free from bias, and defects in the sanction can be fatal to the prosecution if they cause a failure of ju....
Point of Law : Competent authority is required to look into everything placed before it and other material, if available, at the time of considering the request for grant of sanction, as it is trite ....
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
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