Cri. Rev. App. No. 62 of 1994. Case: State of Maharashtra Vs Shri Suresh Ganpatrao Kenjale. High Court of Bombay (India)
| Case Number | Cri. Rev. App. No. 62 of 1994 |
| Counsel | For Applicant: Mr. K. S. Dhote, A.P.P., Advs. |
| Judges | R. M. Lodha, J. |
| Issue | Prevention of Corruption Act (49 of 1988) - Sections 7, 13(1)(d) (2) |
| Citation | 1995 CriLJ 2487 |
| Judgement Date | September 15, 1994 |
| Court | High Court of Bombay (India) |
Judgment:
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The State of Maharashtra has preferred this criminal revision application under S. 397 of the Code of Criminal Procedure (for short "Cr. P.C.") and has called in question legality and propriety of the order dated 21-1-1994 passed by the Sessions Judge, Bhandara, whereby on the applica tion filed by the Deputy Superintendent of Police, Anti-Corruption Bureau, Bhandara, seeking police custody remand of the non-applicant, the Sessions Judge, Bhandara, rejected the said application and instead ordered for remand to magisterial custody vide order dated 21-1-1994.
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The contention of the learned A.P.P. in sup port of the revision application is that the punish ment prescribed for the offence under S. 7 of the Prevention of Corruption Act, 1988 (for short "the P.C. Act") is five years and the punishment prescribed for the offence under S. 13(1)(d) r/w S. 13(2) of the P.C. Act is seven years and, therefore the offences under Ss. 7 and 13(1)(d) r/w S. 13(2) of the P.C. Act with which the accused-non-applicant is charged, are non-bailable and, therefore, the application filed by the Deputy Superintendent of Police, Anti-Cor ruption Bureau, Bhandara seeking police custody remand of the accused should have been ordered. Before the contention raised by Mr. Dhote, learned A.P.P. could be examined, the relevant facts may be noted. The Deputy Superintendent of Police, Anti Corruption Bureau, Bhandara, laid a trap against the non-applicant on 20-1-1994 pursuant to the com plaint by one Ashokkumar Nashine resident of Dongargaon, District Bhandara that the non-appli cant has demanded the amount of Rs. 5000/- to wards the bribe and illegal gratification for not involving him in Crime No. 108 of 1993 registered at Police Station Salekasa. The non-applicant, it is alleged, on 21-1-1994 demanded and accepted the amount of Rs. 5000/- from the complainant Ashokkumar, but when he became suspicious about the trap he fled away with the bribe amount. It is alleged that the accused-non-applicant was arrested on the same day at about 16-00 hours, but the bribe amount could not be recovered and hence the application was filed by the Deputy Superintendent of Police, Anti-Corruption Bureau, Bhandara for po lice custody of the non-applicant on 21-1-1994.
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The Sessions Judge, Bhandara, while reject ing the application for police custody observed that for the offence under S. 7 of the P.C. Act the imprisonment prescribed is not less than six months but that may...
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