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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1399 of 2006 [On note for speaking to minutes of order dated 18/04/2024 in R/CR.A/1399/2006 ]

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STATE OF GUJARAT Versus GIRISHBHAI POPATBHAI BHALIA ================================================================

Appearance:

PUBLIC PROSECUTOR for the Appellant(s) No. 1 MR NISHANT LALAKIYA(5511) for the Opponent(s)/Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 03/05/2024

ORAL ORDER

Perused the note for speaking to minutes filed by learned advocate for the applicant. The same is allowed.

In para No. 4, 6 and in appearance of the advocates, name of learned advocate Ms. Shivangi Vyas be read as Mr. Param Buch. Rest of the judgment remains intact.

Note for speaking to minutes stands disposed of accordingly.

(S. V. PINTO,J)

VVM

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1399 of 2006 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

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	1 Whether Reporters of Local Papers may be allowed to see the judgment ?	YES
2 To be referred to the Reporter or not ?		YES
	3 Whether their Lordships wish to see the fair copy of the judgment ?	NO
	4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	NO

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STATE OF GUJARAT Versus GIRISHBHAI POPATBHAI BHALIA ==========================================================

Appearance:

MS. JIRGA JHAVERI, APP PROSECUTOR for the Appellant(s) No. 1 MS. SHIVANGI VYAS WITH MR NISHANT LALAKIYA for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 18/04/2024

ORAL JUDGMENT

1] This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 20.02.2006 passed by the learned Special Judge & Presiding Officer, Fast Track Court

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No. 7, Rajkot (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 6 of 1994, whereby, the learned trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act (herein after referred to as ‘the Act’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.

2] The brief facts that emerge from the record of the case are as under:

2.1] That the accused was a Talati-cum-Mantri of Raiya Gram Panchayat in the year 1994 and was a public servant. That the complainant Hussainbhai Sultanbhai Saiyad was residing at Nooranipara Mafatiyapara, Rajkot and was a tenant of Qismat Cement Centre and his father was doing the business in that shop. That the shop needed some repairing and he had filed an application for loan in Lakshmi Sahkari Sarafi Mandali and the certificate of Talati-cum–Mantri of the Raiya Gram Panchayat was required. That he had met the Talati-cum–Mantri of Raiya Grama Panchayat for the certificate, and at that time, the accused had

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demanded for an amount of ؊⟖100/- as illegal gratification for the certificate, and the accused had told him that he would come to the shop in the evening between 4 and 5 PM, and at that time, to give the amount of ؊⟖75/- as illegal gratification. That the complainant did not want to pay the amount of illegal gratification. Hence the complainant went to the ACB office at Rajkot and filed the complaint under sections 7, 13(1)(d) and 13(2) of the Act, which was regis

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