State Of Maharashtra v. Meghraj Gokulmal Swalani And 2 Others

85apeal530.02.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Appeal No.530 of 2002 (State vs. Meghraj Gokulmal Swalani and Ors.) with Criminal Appeal No.533 of 2002 (State vs. Meghraj Gokulmal Swalani and Ors.) with Criminal Appeal No.534 of 2002 (State vs. Meghraj Gokulmal Swalani and Ors.) with Criminal Appeal No.536 of 2002 (State vs. Meghraj Gokulmal Swalani and Ors.) with Criminal Appeal No.538 of 2002 (State vs. Meghraj Gokulmal Swalani and Ors.) with Criminal Appeal No.540 of 2002 (State vs. Meghraj Gokulmal Swalani and Ors.) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Ms K.S.Joshi, AGP for the Appellant/State.

Mr.A.W.Paunikar, Advocate for Respondent Nos. 1 to 3. CORAM : B.R.GAVAI, J.

DATED : May 08, 2017.

Heard.

The facts in the present Criminal Appeals are identical with the facts which were for consideration in Criminal Appeal No.535 of 2002, which has been decided by the learned Single Judge of this Court vide Judgment and Order dt.19.11.2015.

It appears that evidence of Sukumar Chogule (CW-1) is commonly

85apeal530.02.odt recorded in all the matters before the trial Judge.

Upon perusal of the evidence of Sukumar Chogule (CW-1), this Court had found that the valuable right which was available to the accused u/s.13(2) of the Prevention of Corruption Act, 1988 was defeated and as such, the order of acquittal, as recorded by the learned trial Judge, was totally justified in law.

In view of the findings of this Court in Criminal Appeal No.535 of 2002 (supra), the present appeals deserve to be dismissed and as such, they are dismissed.

No order as to costs.

JUDGE jaiswal