29. Apeal-1046-2007.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1046 OF 2007

The State of Maharashtra

…Appellant

Versus

1. Ashok Ramdas Patil

Age about 61 years, Occu : Retired

R/o Apte Road, Pune

2. Ramchandra Devchand Mali

Age about 63 years, Occu : Retired

R/o. Karve Road, Pune.

…Respondents

Mr. S. H. Yadav, APP for the Appellant – State.

Mr. Vijay Killedar, Advocate for the Respondent No.1.

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

6^th JANUARY, 2022.

ORAL JUDGMENT

:

1.

This appeal is preferred by the State of Maharashtra

under Section 378 (3) of the Code of Criminal Procedure, 1973

(for short “Cr.P.C.”) challenging the judgment and order dated

27^th September, 2005 acquitting the respondent – accused for the

offences under Sections 7 and 13(1)(d) r/w Section 13(2) and

Section 12 of the Prevention of Corruption Act, 1988 (for short

“PC Act”).

2.

During the pendency of this appeal, the respondent

No.2 has expired. The death certi昀椀cate of respondent No.2 has

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been produced by the learned counsel for the appellant which

indicate that the respondent No.2 has expired on 22^nd August,

2021. The photo copy of the death certi昀椀cate is taken on record

and marked as ‘X’ for identi昀椀cation. In view of the aforesaid

circumstance, the appeal against the respondent No.2 stands

abated.

3.

The case of the prosecution is as under :-

(a)

The accused No.1, Ashok Ramdas Patil was working

as Chief Engineer and the accused No.2 was Executive

Engineer. It is alleged that, being a public servant the accused

No.1 had accepted the amount of Rs.1,00,000/- from the

complainant as a grati昀椀cation other than legal remuneration

for supplying copies of contract drawings, working drawings

and lay out plans to the complainant in respect of work allotted

to him on accepting his tender and thus obtained pecuniary

bene昀椀t of Rs.1,00,000/- from the complainant by corrupt or

illegal means or otherwise abusing his position as a public

servant and thereby committed for offence under Sections 7,

13(1)(d) punishable under Section 13(2) of PC Act. Accused

No.2 was charged on the accusation that while acting as a

public servant in the of昀椀ce of Pimpalgaon Joge Dam Division,

Narayangaon, Dist. Pune, abetted the commission of offence

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under Section 7 of the PC Act by accused No.1 and thereby

committed offence under Section 12 of the PC Act.

(b)

Public notice calling tenders for carrying out the

work of canal at Pimpalgaon Joge was published. The

complainant submitted tender for the said work of

Rs.92,46,384/-. Being lowest rate, the tender was accepted on

17-10-1997. Subsequently, the Executive Engineer, (accused

No.2) had issued the work order to the complainant in respect

of that work. The complainant then met accused No.2 on

26-12-1997 and 01-01-1998 for supply of certi昀椀ed copies of

tender along with lay out plan, drawings of the work. The

accused No.2 suggested the complainant to pay 1% of the total

amount of accepted tender to the Chief Engineer (accused

No.1) for supplying lay out plan and drawings.

(c)

On the suggestion of accused No.2, the complainant

met the Chief Engineer on 09-01-1998. He demanded 1%

amount of total value of tender and agreed to accept

Rs.1,00,000/- from the complainant for that purpose on 10-01-

1998 in his of昀椀ce or residence.

(d)

The complainant approached A.C.B. Of昀椀ce on 10-01-

1998 and lodged the complaint. On 10-01-1998, the A.C.B.

Of昀椀cers made arrangement for telephonic talks between

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accused No.1 and the complainant for veri昀椀cation of complaint.

For that purpose they went to hotel situated at Apate Road,

Pune and occupied room No.305. In the presence of panch

witnesses, the complainant ha