The State Of Maharashtra v. Shankar Vitthal Naik

criap1961.14 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1961 OF 2014 The State of Maharashtra ..APPLICANT

VERSUS

Shankar Vitthal Naik ..RESPONDENT Mr C.V. Dharurkar, Addl. Public Prosecutor for applicant; Mr D.A. Naik, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 27th September, 2016 ORAL ORDER :

Heard learned Addl. Public Prosecutor appearing on behalf of the applicant.

2.

Learned Special Judge, Kopargaon, in Special Case No.1 of 2010, acquitted the respondent-accused of an offence punishable under sections 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, particularly on the ground that the evidence of P.W.3 does not repose confidence qua the prosecution story.

3.

In my opinion, the evidence of P.W.3 Sunil is required to be reappreciated, particularly in the light of evidence of other witnesses, namely, P.Ws.2 and 4. As such, a case for grant of leave is made out. 4.

Leave granted.

criap1961.14 (2) 5.

Admit.

6.

Mr Naik, learned Counsel waives service of notice on behalf of respondent.

7.

Action under section 390 of the Code of Criminal Procedure. (N.W. SAMBRE, J.) amj