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KURIAN JOSEPH, A.M.SAPRE
Sanjaysinh Ramrao Chavan – Appellant
Versus
Dattatray Gulabrao Phalke – Respondent


JUDGMENT

Kurian, J.:

Leave granted.

2. Appellant is accused no.1 in C.R. No. 3446 of 2010 of Bund Garden Police Station in the State of Maharashtra. The case is registered by the Anti-Corruption Bureau under Sections 7, 12, 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the PC Act’).

3. Genesis is Annexure-P7-complaint dated 22.11.2010 given by the first respondent. According to him, he had to pay an amount of Rs.75,000/-by way of bribe for getting a certificate for nonagricultural use of his land. To quote from the complaint:

“On 5th October 2009 an advertisement of “Bharat Petroleum Corporation Ltd. Pune” appeared in dailyLokmat and Loksatta newspapers. The advertisement was for giving dealership of Petrol Pump. I had duly applied to the company Bharat Petroleum Corporation Ltd. for the same. As per the procedure my interview was arranged on 30th March 2010. I was selected for this work. As per the terms and conditions of Bharat Petroleum Corporation Ltd. Pune it was binding on me to submit a “non agricultural certificate” of my land at Pimpalsuti, Tal Shirur, District Pune. To get the said certificate I applied to the Ma

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