Allowed a criminal application seeking leave to appeal against an acquittal in a corruption case. Granted leave to file appeal and treated the application as an appeal, directing the parties to proceed before the trial court.
Leave to file appeal was granted; the application was treated as an appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
crap3106.11
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD
CRIMINAL APPLICATION NO. 3106 OF 2011
The State of Maharashtra ...Applicant [Orig.Complainant]
VERSUS
Ramesh Rangnathrao Sonwane ...Respondent [Orig.Accused]
Smt. Y.M.Kshirsagar, A.P.P. for the applicant/State Shri Sandeep Deshmukh, advocate for respondent
CORAM : SHRIHARI P.DAVARE, J.
DATED : 22nd November, 2011
PER COURT :
1 Heard learned respective counsel for the parties.
2crap3106.11
2 This is an application preferred by the applicant/State (original complainant), seeking leave to file appeal, challenging the judgment and order of acquittal dated 21.4.2011, rendered by the learned Special Judge, Osmanabasd, in Spl. Case (AC) No. 4 of 2010, thereby acquitting the respondent (original accused) for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act.
3 I have perused the impugned judgment, dated 21.4.2011 and the record and proceedings with the assistance of the learned counsel for the parties.
4 Having the comprehensive view of the matter, it appears that the matter requires reconsideration.
5 Hence, present application is allowed. Leave to file appeal is granted. Present application be treated as appeal.
6 Admit.
7 Shri Sandeep Deshmukh, learned counsel accepts service of notice for the respondent, after admission.
3
crap3106.11
8 Respondent to furnish same bail but fresh bond before the
trial court within a period of four weeks from today.
9 R. and P. be sent back to the concerned court.
(SHRIHARI P. DAVARE), JUDGE.
dbm/crap3106.11
2 issues framed by the court
Whether to grant leave to file appeal against acquittal.
Whether the present criminal application should be treated as an appeal.
State of Maharashtra
Ramesh Rangnathrao Sonwane
SHRIHARI P. DAVARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court