Nilesh S/O Madhukar Langote v. State Of Maharashtra, Thr. A.C.B. Akola

apl564.16 29

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.564 OF 2016 Nilesh s/o Madhukar Langote ..vs..

State of Mah., thr. Anti Corruption Bureau, Akola, Taluka and District Akola ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.V. Sirpurkar, Counsel for the applicant. Ms T.H. Udeshi, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : JUNE 27, 2017.

Heard learned counsel Shri S.V. Sirpurkar for the applicant and learned Additional Public Prosecutor Ms T.H. Udeshi for the State.

An application for discharge is filed on behalf of the present applicant, who is accused No.2 in the case registered against him for the offences punishable under Sections 7, 12, 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. Prima facie it is an admitted position that tainted amount was found in possession of the present applicant. Therefore, the statutory presumption is on the present applicant to discharge the same and the same can be done only during the course of the trial. When prima facie material is available on record to frame a charge, the Court should always refrain in .....2/-

apl564.16 29 interfering with the order rejecting the application for discharge.

The quality of the evidence for securing a conviction and framing of charge are altogether different. In that view of the matter, the present application is devoid of any substance and the same is rejected.

JUDGE !! BRW !!

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