A VISHWANATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been brought with special leave from the judgment of the Bombay High court, dated 24/07/1967, summarily dismissing the appeal of the appellant against his convictions under Sections 5 (2) , 5 (l) (c) and 5 (l) (d) of the Prevention of Corruption Act, II of 1947 and under Section 409, Indian penal code and the sentence of four years R. I. and fine of Rs. 50,000. 00 under the said S. passed by the Special Judge of greater Bombay.

(2.) Having gone through the judgment of the Trial court we are satisfied that in the present case the appeal before the High court was an arguable one and raised substantial and important questions for consideration by the high court. The High court was, therefore, not justified in dismissing the appeal summarily. In our opinion the present appeal is covered by the principle laid down by this court in Narayan Swami v. State of Maharashtra. Accordingly the order of the High court, dated 24/7/1967 summarily dismissing the appeal is set aside and the appeal is remanded to the High court for fresh disposal in accordance with law.