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2021 Supreme(SC) 47

ASHOK BHUSHAN, R. SUBHASH REDDY, M. R. SHAH
State of Gujarat – Appellant
Versus
Bhalchandra Laxmishankar Dave – Respondent


Advocates Appeared:
For the Petitioner(s): Ms. Deepanwita Priyanka, Adv. Mr. Aniruddha P. Mayee, AOR
For the Respondent(s): Mr. Haresh Raichura, AOR

JUDGMENT :

M. R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.01.2015 passed by the High Court of Gujarat in Criminal Appeal No.92 of 2003 by which the High Court has acquitted the respondent herein – original accused for the offences under Section 7 read with Sections 13(1) & 13(2) of the Prevention of Corruption Act (hereinafter referred to as ‘the Act’) by quashing and setting aside the judgment and order of conviction passed by the Learned Special Judge, Bharuch, the State of Gujarat has preferred the present appeal.

3. The respondent herein – original accused (hereinafter referred to as ‘the accused’) who was working as Assistant Director in ITI, Gandhi Nagar was charged for the offences punishable under Section 7 read with Sections 13(1) and 13(2) of the Act.

3.1 The Learned Special Judge, Bharuch after full-fledged trial and appreciation of the entire evidence on record and by detailed judgment and order convicted the accused under Section 7 read with Sections 13(1) and 13(2) of the Act. The Learned Special Judge held the accused guilty and convicted the accused for the aforesaid offences and imposed the sentence o


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