MUSTAFIKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Bombay High Court, Nagpur Bench. By the impugned judgment the High Court while setting aside the conviction of the appellant for offences punishable under Sections 468, 477-A of the Indian Penal Code, 1860 (in short the 'IPC') and Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (in short the 'PC Act') maintained the conviction for offence punishable under Section 409 IPC. The trial court had convicted the appellant for offences punishable under Sections 409, 468, 477-A IPC, Section 5(1)(d) read with Section 5(2) of the PC Act. Different custodial sentences were imposed along with fine.

(3.) Background facts in a nutshell are as follows: