1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 97 OF 2015

[Arising out of S.L.P.(Criminal) No. 6927/2013]

Sanjaysinh Ramrao Chavan

… Appellant (s)

Versus

Dattatray Gulabrao Phalke and others

… Respondent (s)

J U D G M E N T

KURIAN, J.:

Leave granted.

2.

Appellant is accused no.1 in C.R. No. 3446 of 2010 of Bund

Garden Police Station in the State of Maharashtra. The case is

registered by the Anti-Corruption Bureau under Sections 7, 12, 13(1)

(d) read with Section 13(2) of the Prevention of Corruption Act, 1988

(hereinafter referred to as ‘the PC Act’).

3.

Genesis is Annexure-P7-complaint dated 22.11.2010 given

by the first respondent. According to him, he had to pay an amount

of Rs.75,000/- by way of bribe for getting a certificate for

non-agricultural use of his land. To quote from the complaint:

REPORTABLE

Digitally signed by

Sukhbir Paul Kaur

Date: 2015.01.19

17:01:52 IST

Reason:

Signature Not Verified

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“On 5th October 2009 an advertisement of “Bharat

Petroleum Corporation Ltd. Pune” appeared in daily

Lokmat and Loksatta newspapers. The advertisement was

for giving dealership of Petrol Pump. I had duly a