The State Of Maharashtra v. Dr. Ramnath Sitaram Jadhav

5-als-46-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ALS) NO.46 OF 2015 The State of Maharashtra ..Applicant/Appellant V/s.

Dr.Ramnath S. Jadhav .. Respondent ---- Mrs.Anamika Malhotra, for applicant/appellant. Mr.Ramnath S. Jadhav, Respondent-in-person is absent. ---- CORAM : A. R. JOSHI, J.

DATE : 28TH AUGUST 2015 P.C.

1.

Heard learned APP for the State. As per office report respondent is already served. None present for respondent.

2.

This is an application for leave to file appeal challenging the acquittal of the respondent in the matter of offences punishable under sections 9 and 13(1)(d) read with section 13(1)(2) of the Prevention of Corruption Act, 1988. It appears that the trial Court accepted the demand and acceptance of bribe by the respondent, however acquitted the respondent only on the count of sanction not granted by the N.S. Kamble page 1 of 2

5-als-46-2015 Competent Authority. Considering the substantive evidence of P.W.No.1 the apparent sanctioning authority, this issue needs consideration in detail at the time of the hearing of the appeal. As such a case is made out for the admission and allowing the application for leave to file appeal. As such application for leave to file appeal is allowed. The appeal is admitted. 3.

Process under section 390 be issued against the respondent with direction to the trial Court to release the respondent on bail in the sum of Rs.1,000/-. Call for R & P. (A. R. JOSHI, J) N.S. Kamble page 2 of 2