State Of Maharashtra Thr. Police Station Officer Police Station Ramdaspeth Akola v. Bhimdeo Maniram Rathod And Another

12appa482of2017.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATON (APPA) 482 OF 2017 IN CRIMINAL APPEAL _________/2018 The State of Maharashtra, Thr. P.S.O., P.S. Ramdaspeth, Akola V/s Bhimdeo Maniram Rathod and another --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri N.B. Jawade, Addl. P.P. for State.

Shri S.D. Chande, Advocate for the respondents. CORAM: ROHIT B. DEO , J.

DATE: 19 th MARCH , 201 8 .

The State is seeking leave under Section 378 (4) of Criminal Procedure Code against judgment and order of acquittal dated 10-04-2017 in Special Case (ACB) 01/2003 by and under which, the respondents are acquitted of offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act,1988. 2.

One of the grounds for acquittal is that the sanction is vitiated by non-application of mind.

12appa482of2017.odt 2 3.

This Court would like to have a second look, at the evidence on record, since arguable issues are raised. 4.

Criminal Application is allowed.

Criminal Appeal__________/ Heard.

2.

Admit 3.

Shri S.D. Chande, learned Counsel waives service on behalf of respondents.

JUDGE RKN