PRADEEP YASHWANT SHIRKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Santosh Nagvekar, in Appeal No.128 of 2017 is original accused No.1 and appellant Pradeep Shirke, in Appeal No.121 of 2017, is original accused No.2 in A.C.B. Special Case No.1 of 2014. For the sake of brevity, the appellants hereinafter will be referred to as per their original nomenclature before the Trial Court. i.e. 'Accused No.1' and 'Accused No.2'.

(2.) The appellants have questioned correctness of Judgment and Order dated 31st January 2017 passed by the learned Special Judge (Under the P.C. Act) , Greater Mumbai in A.C.B. Special Case No.1 of 2014. The Accused No.1 Santosh A. Nagvekar has been convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short, "P.C. Act") and sentenced to suffer simple imprisonment for 6 (six) months and to pay fine of Rs.8,000/-, in default of payment of fine to further suffer simple imprisonment for 30 (thirty) days. Accused No.2 Pradeep Y. Shirke is convicted for the offence punishable under Section 12 read with 7 of the P.C. Act and sentenced to suffer simple imprisonment for 6 (six) months and to pay fine of Rs.8,000/-, in default of payment of fine to further suffer simple imprisonment for 30 (thirty) days. The Trial Court has also convicted both the accused for the offences punishable under Sections 13(1)(d) read with 13(2) of the P.C. Act and sentenced them to suffer simple imprisonment for 6 (six) months and to pay fine of Rs.8,000/- each, in default of payment of fine to further suffer simple imprisonment for 30 (thirty) days each. The Trial Court has directed that, substantive sentences shall run concurrently.

(3.) Heard Mr. Kocharekar, learned counsel for the appellant in Criminal Appeal No.121 of 2017, Mr. Majgaonkar, learned counsel for the appellant in Criminal Appeal No.128 of 2017 and Mr.Palkar, learned A.P.P. for Respondent-State. Perused entire record.