Kailas Digambar Masal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 633 OF 2024 Kailas Digambar Masal .... Applicant

Versus

The State of Maharashtra .... Respondents ----- Mr. Sanjeev P. Kadam, Senior Advocate a/w Ms. Varsha M. Thorat Mr. Prashant P. Raul i/by Mr. Ramdas Hake, Advocate for the Applicant.

Mr. A. S. Shalgaonkar, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.09.22 18:16:18 +0530 SHANTANU SHANKARSA DHUDUM DATE : 19th SEPTEMBER, 2025.

P.C. :

1.

Heard learned senior counsel for the Applicant and learned APP for the Respondent - State.

2.

Learned senior counsel for the Applicant submits that this Court (Coram: Sandeep V. Marne, J.) vide order dated 18th July, 2024 had permitted the Applicant to file fresh application for discharge by raising the issue of applicability of Section 7A of the Prevention of Corruption Act, 1988 (for short, "PC Act"). Accordingly, the Applicant filed application before the learned Sessions Court, Solapur for Shantanu S. Dhudum 1/3

discharge raising the issue of applicability of Section 7A of the PC Act. The trial Court has passed the impugned order, but has not given reasoning about the applicability of Section 7A of the PC Act. 3.

It is contention of learned APP fairly submitted that there is no reasoning given by the learned Sessions Court, Solapur on the applicability of Section 7A of the PC Act, hence requested to pass an appropriate order.

4.

Considering the submissions of both learned counsel as well as after perusal of order of this Court (Coram: Sandeep V. Marne, J.) and perusal of the impugned order passed by the learned Sessions Court, Solapur. It appears that, though the issue of Applicability of Section 7A of the PC Act was raised by the learned counsel for the Applicant before the Sessions Court, Solapur while seeking discharge, but learned Sessions Court has not discussed about it in the impugned order. Considering these facts I pass the following order:

ORDER

i. The application is allowed.

ii. The matter is remanded back to the learned Session Court, Solapur to rehear the discharge application filed by the Applicant.

Shantanu S. Dhudum 2/3

iii. The impugned order dated 22nd November, 2024 passed by the learned Sessions Court is quashed and set aside.

iv. The learned Sessions Court shall rehear the discharge application filed by the Applicant and give the reasoning on applicability of Section 7A of the PC Act and the said application shall be decided on its own merit.

v. Till the decision of the said application, the charge shall not be framed against the Applicant.

5.

The Revision Application stands disposed off. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3