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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 597 OF 2012

Dilip s/o. Gangadhar Sonar

..

Appellant

Age. 53 years, Occ. Service,

R/o. Panchshil Housing Society,

Gut No.177, Rambhau Wagh Nagar,

Sakharkheda Shivar, District Peth,

Jalgaon. [Died]

Smt. Vandana w/o. Dilip Sonar

Age. Major, Occ. Household,

R/o. As above.

[Amendment carried out as per

order dated 29.08.2019]

Versus

The State of Maharashtra

..

Respondent

Mr.C.P. Sengaonkar and Mr. R.N. Chavan, Advocates for the

appellant.

Mr.S.N. Morampalle, APP for the respondent/State.

CORAM

:

SURENDRA P. TAVADE, J.

RESERVED ON

:

06.09.2021

PRONOUNCED ON

:

07.10.2021

J U D G M E N T :-

01.

The appellant being aggrieved by and

dissatisfied with the judgment and order passed by the

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Ad-hoc District Judge-1 & Additional Sessions Judge,

Jalgaon, in Special Case No.1 of 2011, has preferred this

appeal. The original accused was convicted for the

offence punishable under sections 7 and 13(1)(d) r/w

13(2) of the Prevention of Corruption Act, 1988. He was

sentenced to suffer rigorous imprisonment for two years

and to pay fine of Rs.2000/- in default to suffer

rigorous imprisonment for three months for the offence

punishable under section 7 of the Prevention of

Corruption Act. The original accused was also sentenced

to suffer rigorous imprisonment for two years and to pay

fine of Rs.3000/- in default of payment of fine to

undergo rigorous imprisonment for four months for the

offence punishable under sections 13(1)(d) r/w 13(2) of

the Prevention of Corruption Act. During pendency of this

appeal the original accused passed away. His wife got

herself substituted before this Court with a bid to purge

him. She was allowed to continue with the appeal.

02.

Facts giving rise to this appeal can be

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summarized as under :-

03.

The original accused was serving as a Personal

Secretary in the office of Civil Surgeon, Jalgaon. He

used to scrutinize medical bills of the Government

servants and used to place before the Civil Surgeon for

sanction. The complainant Rajiv Hari Jamodkar was

serving as a Junior Clerk in the office of Collector,

Jalgaon. On 19.04.2010 his mother had undergone eye

operation in Ganpati Hospital, Jalna. He spent Rs.8895/-

towards said operation and other medical expenses. In

order to get the medical bill reimbursed, he submitted

application in his office and annexed necessary

documents. It was necessary for the complainant to obtain

certificate from the Civil Surgeon for reimbursement of

medical bill. Hence, his office sent his application to

the office of the Civil Surgeon on 02.08.2010. The said

papers were received by the Civil Surgeon, Jalgaon on

03.08.2010.

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04.

It is alleged that the complainant met original

accused 3-4 times and made enquiry about his medical

bill. The original accused told the complainant that his

work will not be done within short period and he would

inform him accordingly.

05.

On 13.08.2010 the complainant met the original

accused and requested him to do his work at the earliest.

The original accused demanded Rs.800/- for the said work.

The informant asked him as to whether he will give

receipt of the said amount. The original accused answered

in the negative. The original accused told the

complainant that unless he receives Rs.800/-, he will not

place his (complainant’s) application before the Civil

Surgeon. The original accused asked him to visit his

office on 16.08.2010 along with money. The complainant

was not inclined to pay the amount. Hence, on 16.08.2010

he went to the office of the Anti-corruption Bureau,

Jalgaon. He narrated the facts to the officer who

recorded his complaint and asked him to visit office at

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01.00 p.m. Meanwhile, the ACB Officer called two persons,

namely, Vijay Thakare and Kishor Jaware. Accordingly,

the complainant visited the ACB office at 01.00 p.m. The

p