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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.539 OF 2002

The State of Maharashtra,

Through Dy. S.P. Anti

Corruption Bureau, Jalgaon.

...APPELLANT

(Ori. Complainant)

VERSUS

1) Suresh Jayram Koli,

Age-42 years, Occu:Police

Head Constable B. No.1027

(Under Suspension),

2) Kishore Hiradas Bairagi,

Age-42 years, Police Constable

B.No.1434 (Under Suspension),

Both are Resident of Jalgaon,

Dist-Jalgaon.

...RESPONDENTS

(Ori. Accused Nos.1 & 2)

...

Mr. B.L. Dhas, A.P.P. for Appellant.

Mr. U.B. Bondar Advocate for Respondent

Nos.1 and 2.

...

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CORAM: A.I.S. CHEEMA, J.

DATE OF RESERVING JUDGMENT : 6TH FEBRUARY,2015

DATE OF PRONOUNCING JUDGMENT : 5TH MARCH, 2015

JUDGMENT :

1.

This Appeal has been filed by the State

against acquittal of Respondent Nos.1 and 2

(Original Accused Nos.1 and 2) who faced

prosecution in Special Case No.2 of 2001 before

Special Judge and Additional Sessions Judge,

Jalgaon under section 7, 13(1)(d)(i)(ii) read with

Section 13(2) of the Prevention of Corruption Act,

1947 (here after referred as "the Act").

2.

Respondent No. 1 - Suresh Jayram Koli was

working as Police Head Constable and Respondent

No. 2 - Kishore Hiradas Bairagi was working as

Police Constable at Nimbhora Police Station at the

time of incident dated 28th August 2000 / 29th

August 2000.

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3.

The case of the prosecution, in brief, is

as follows:

(A).

On 28th August 2000 Complainant - Trambak

Keshav Gaikwad (PW-2) approached Dy.S.P., Anti

Corruption Bureau Mr. Ashok Patil (PW-5) at

Jalgaon and filed complaint informing that he

resides at Vivare, Tq. Raver. His wife Vimal, son

Gajanan, Rajendra, Nandu and daughter Ranjana and

daughter-in-law Sunanda reside with him. There was

quarrel with neighbour Devram Ganu Gaikwad on the

count of tying of bufallow. There was complaint

filed by the wife of Complainant at Nimbhora

Police Station. The wife of Devram also filed

complaint. The wife of Complainant and his two

sons were called to the police station at 8.00

a.m. on 28the August 2000. The Accused No.1 Head

Constable Suresh Koli put the sons of Complainant

in lock-up. The Complainant was told that, other

side has filed complaint. Complainant pleaded for

bail. Accused No. 1 asked Complainant to meet lady

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P.S.I. He met her but she asked to meet accused

Koli only. Accused No. 1 Koli told Complainant

that he will not make wife of Complainant as

accused and while taking his children to the Court

will not put handcuffs but the Complainant will

have to pay Rs. 5000/-. Meanwhile lady P.S.I. went

out of police station and when Complainant pleaded

with accused Koli to reduce the amount, he made a

phone call and talked - madam the party was saying

that Rs.5000/- will not be possible. He thereafter

told Complainant that madam has asked for

Rs.4000/- or else his wife also will be arrested.

On that day the wife of Complainant was allowed to

go. Complainant had said that he will bring the

money on 29th August 2000. But Complainant went to

the A.C.B. office and filed complaint to this

effect.

.

PW-5 Ashok Patil sent requisition for

Panchas to the Civil Hospital and Mahindra Bagul

(PW-3) and Shrikant Harkunde (PW-4) were deputed.

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The Panchas were called in the morning of 29the

August 2000. Complainant was also asked to come in

the morning of 29th August 2000. He accordingly

attended the A.C.B. office. The Panchas were also

present. The Dy.S.P. Ashok Patil arranged

demonstration of use of anthracene powder to

Complainant and Panchas. Before that, the Panchas

were introduced to the C