SHRIPAD SHIVARAM KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Let this petition be treated as review petition.

(2.) We have read the petition and heard Mr. Shroff, counsel for the state. It appears that in this case, special leave petition was granted and criminal appeal was posted before a bench. The attention of the bench was not drawn to the fact that it was a case under Prevention of Corruption Act and therefore the appeal could not be disposed of as infructuous even if the accused had served out the sentence because the question of his service was involved. We therefore review our Order dated 20/04/1979 and direct the appeal to be reheard.

(3.) Mr. U. R. Lalit, Sr. Adv. is requested to appear as amicus curiae for the accused along with Mr. V. N. Ganpule as an advocate.