STATE OF MAHARASHTRA Vs. SUBHASH AMBADAS MAINDARGI

JUDGEMENT

(1.) The appellant/State has challenged the acquittal of respondent No.2 (original accused No.2) under Sec. 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') by a Special Court designated under the Act in Special Case No.10 of 2000.

(2.) The charge against respondent No.2 (accused No.2) was of aiding accused No.1 Subhash Ambadas Maindargi, who was respondent No.1 herein and expired during the pendency of this appeal. Hence, this Court, by an order dtd. 5/6/2023, dismissed the appeal against him and directed this appeal to proceed against respondent No.2 only.

(3.) Accused No.1, Subhash Ambadas Maindargi (since deceased), was the Sub-Registrar and accused No.2, Fulchand Dagdu Nimbalkar, was a Junior Clerk in the office of the SubRegistrar, Sangola, at the relevant time. Popat Bapu Kedar, the complainant, entered into an agreement with Sadhu Nana Survase to purchase one acre of agricultural land from Gat No.100 of village Kharwatvadi. On 14/2/2000, the complainant and vendor, Sadhu Survase, went to the office of Sub-Registrar, Sangola, to enquire about the Government valuation of the land and expenses to be incurred for registration of conveyance. That time, accused No.1 demanded the complainant a bribe of Rs.6,000.00 for decreasing the valuation of the land. However, the complainant informed accused No.1 that he did not have the amount and would pay it on a later date. Accused No.1 instructed them to bring the amount on a later date, after which the sale deed would be registered.