State Of Chhattisgarh v. R. S. Pandey

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No. 539 of 2015 State of Chhattisgarh Versus R.S. Pandey 04/09/2015 Shri Chitranjay Patel, Advocate for the Appellant/ State.

Heard on I.A. No. 1 of 2015, an application for condonation of delay in filing the instant Cr.M.P. followed by acquittal appeal as there was delay for one day in filing the instant Cr.M.P.

On due consideration, I.A. No. 1 of 2015 is hereby allowed and the delay of one day in filing the instant Cr.M.P. followed by acquittal appeal is hereby condoned. Also heard on Cr.M.P., leave to appeal followed by acquittal appeal against the judgment dated 24.2.2015 passed by the Learned Special Judge under the Prevention of Corruption Act, 1988, South Bastar, Dantewada, Chhattisgarh in Special Case No.8 of 2003 whereby and whereunder the Respondent/ accused has been acquitted of the charge for the offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988.

For the purposes of appreciation on leave to appeal, impugned judgment and the material adduced on behalf of the Applicant/ Appellant perused. In the considered view of this Court, this is a fit case where the leave to appeal should be granted.

Consequently, instant Cr.M.P. is allowed. Registry is directed to list the matter under the heading of acquittal appeal.

Lower Court record be called for through usual and fax mode.

The Appellant is directed to pay process fee within seven days from today. Let notice be issued to the Respondent regarding his representation before this Court through usual and registered mode returnable within four weeks.

List the matter for hearing on admission immediately after the service of notice to the Respondent is complete and the lower Court record is received. Sd/- (Chandra Bhushan Bajpai) Judge Nimmi