THE STATE OF MAHARASHTRA vs MARUTI BHIKAJI BORKAR AND ORS

Judgment text excerpt

1-APEAL-716-2009.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 716 OF 2009 The State of Maharashtra (Through Anti-Corruption Bureau, Pune) ...Appellant (Orig. Complainant) Versus 1. Maruti Bhikaji Borkar Age Adult, Occu-Service, R/at- Tahsildar Niwas, Indapur, Dist.-Pune. 2. Shri Ramesh Dhondiba Ware Age Adult, Occu.-Service, R/at- Shitole Vasti, Indapur, Dist-Pune. 3. Shri Shrikant Sopan Gaikwad Age Adult, Occu.-Nil, R/at.-Savata Mali Nagar, Tembhurni Naka, Indapur, Dist-Pune. ...Respondents (Orig. Accused Nos.1 to 3) Ms. Anuja Sunil Gotad, APP for the Appellant-State. Mr. Uday Dube, Senior Advocate, with Balwant Salunkhe, for the Respondent Nos.1 and 2. Mr. Saurabh Butala, for the Respondent No.3. CORAM Dr. Neela Gokhale, J. RESERVED ON: 21st November 2025 Page 1 of 31 st 1 December 2025 1-APEAL-716-2009.DOC PRONOUNCED ON: 1st December 2025 JUDGMENT :- 1. This Appeal assails the Judgment and Order dated 2nd September, 2008, passed by the Special Judge at Baramati, District Pune, acquitting the Respondents herein (Original Accused Nos.1 and 2) from the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'PC Act') and acquitting the Respondent No.3 (Original Accused No.3) from the offence punishable under Section 12 of the PC Act. 2. By an order dated 18th June 2009, this Court, by a reasoned order opined that a triable issue was made out by the Appellant-State of Maharashtra, to be dealt with in this Appeal, to ascertain the correctness and legality of the impugned Judgment and Order. Hence, this Court allowed the Leave Petition and admitted the Appeal. 3. The facts of the case, in brief, are as under: Page 2 of 31 st 1 December 2025 1-APEAL-716-2