JUDGMENT :

1. This Revision has been filed by the applicant-State of Madhya Pradesh through Special Police Establishment, Lokayukt Office Ujjain, against the impugned order of discharge of non-applicants, passed by learned Special Judge (under Prevention of Corruption Act), Mandsaur in Special Criminal Case No. 2/2007. Order dated 25-9-2007, from the charges under section 13(1)(d), 13(2) and 15 of Prevention of Corruption Act, 1988 (for short hereinafter referred to as "Act") read with section 120-B of the Indian Penal Code (for short "the IPC")

2. The necessary facts for deciding this Revision are as follows :-

(i) On 29-12-2006 applicant filed a charge-sheet before the Special Judge, Mandsaur against non-applicants for commission of offences under section 13(1)(d), 13(2) and 15 of the Act read with section 120-B of "the IPC", 1860. According to charge-sheet filed under section 173 of the Criminal Procedure Code, prosecution case is that the State of M. P. had granted contract to non-applicants No. 2 and 3 herein for construction of Ratlam-Nasirabad by-pass road, in total 14 k.m., going from outside Mandsaur town under Built, Operate and Transfer scheme (for brevity "BOT"). Estimated