CHANDRASEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order of conviction dated 01.03.1999, passed by the learned Special Judge, Beed, in Special Case No.55 of 1991 whereby the learned Special Judge has convicted the appellant-accused for the offence punishable under Section 7(i)(d) of the Prevention of Corruption Act and sentenced to suffer R.I. for three years and to pay fine of Rs.3000/- I/D R.I. for nine months. The appellant-accused is also convicted for the offence punishable under Section 13(1)(d)(i) (ii) of the Prevention of Corruption Act and sentenced to suffer R.I. for four years and to pay fine of Rs.4000/- I/D to suffer R.I. for one year.

(2.) The prosecution case, in brief, is as under;-

(3.) Thereafter on Thursday morning at 11.00 a.m. the complainant met head constable Chauhan in the Pimpalner police station. At that time, surety Vishwanath Jagannath Yeserkar, both the sons of the complainant and the complainant having 7x12 extract with them had been to the police station. Thereafter, head constable Chauhan took the complainant aside. Head constable Chauhan told the complainant that Rs.500/- will be required for bail of three persons i.e. complainant and his two sons. Thereupon, the complainant told that he has no money. Head constable Chauhan then told the complainant that all three will have to go to jail. He further told the complainant that surety would be sent to Beed Court only. Thereafter, the complainant requested head constable Chauhan that he should not do such injustice. Thereupon Head Constable Chauhan asked to pay at least Rs.400/-. Thereafter, the complainant told Head Constable Chauhan that in fact he has no money with him. Head Constable Chauhan told the complainant that he will give bail to all three persons but he will have to give Rs.400/- personally.