THE STATE OF MAHARASHTRA vs SHIVAJI JAISINGRAO PATIL

Judgment text excerpt

APEAL.789.2004.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 789 OF 2004 The State of Maharashtra .. Appellant Versus Shivaji Jaisingrao Patil Respondent .. (Original Accused) ....................  Ms. Sangeeta E. Phad, APP for Appellant – State.  Mr. Vijay Killedar a/w. Mr. Sumedh Modak, Advocates for Respondent (original Accused). ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025 JUDGEMENT.: 1. Heard Ms. Phad, learned APP for Appellant – State and Mr. Killedar, learned Advocate for Respondent – original Accused. 2. This Appeal arises out of judgement and order dated 08.03.2004 passed by the Special Judge, Solapur in Special (ACB) Case No.1 of 2002, wherein Accused – Respondent was tried for offences punishable under Sections 7, 13 (1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 (for short ‘the said Act’) and on conclusion of trial acquitted for the aforesaid offences. Being aggrieved, State of Maharashtra has filed present Criminal Appeal against acquittal on 25.06.2004. On 16.06.2012, Appeal was admitted. It was heard for final hearing on 28.11.2024 and 12.12.2024. 1 APEAL.789.2004.doc 3. Brief facts giving rise to the Appeal are as follows:- 3.1. Respondent-Accused was working as Extension Officer in the year 2000-2001 in the office of Panchayat Samiti Kurduwadi, Taluka Madha, District – Solapur. Complainant Shri. Maruti Padule was working as Assistant Junior Engineer attached to Panchayat Samiti, Kurduwadi. Complainant was transferred to Panchayat Samiti, Karmala. It is Complainant’s case that he was sent on deputation back to Kurduwadi by order dated 19.08.2000 to complete pending works which had remained incomplete. According to Complainant by letter dated 24.08.2000, he