ANILKUMAR BALIRAM GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C . for the sake of brevity) applicant/accused no.6 Anilkumar Baliram Gaikwad, Executive Engineer with the Public Works Department of the State Government is challenging the order dated 15 th March 2019 passed by the learned Special Judge under the Prevention of Corruption Act , Greater Mumbai, below Exhibit 19 in Special Case No.48 of 2016 thereby rejecting his claim for discharge from the said case for offences punishable under Sections 13(1)(c) , 13(1) (d) read with 13(2) of the Prevention of Corruption Act , 1988 as well as under Sections 420 , 465 , 468 , 471 , 474 , 120B , 109 and 201 of the Indian Penal Code.

(2.) Facts, in brief, leading to the prosecution of applicant/ accused no.6 can be summarized thus :

(3.) Heard. Rule. Rule made returnable forthwith. Heard finally by request and consent of parties and in view of judgment of the Hon'ble Apex Court in the matter of Asian Resurfacing of Road Agency vs. Central Bureau of Investigation 2018 SCC Online SC 310 in view of the fact that the interim stay is operating in the matter. Though after hearing the parties, the case was ready for pronouncement of judgment, unfortunately due to lockdown imposed by the State, it could not be pronounced earlier. In view of praecipe filed by the applicant because of subsequent development, now the case is listed for pronouncement of judgment today.