JAYSING NAYRANA BIDGAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 2nd July 2011 delivered by the Special Judge, Pune in Special case No.26 of 2009, convicting the appellant who was the sole accused in the said case, of offences punishable under section 7 and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'P.C. Act')

(2.) By the said judgment and order, the learned Special Judge sentenced the appellant to suffer RI for six months with respect to the offence punishable under section 7 of the P.C. Act, and to suffer R.I for 1(one) year, and to pay a fine of Rs.500/ with respect to the offence punishable under section 13(2) of the P.C. Act. The learned Judge directed that the substantive sentences would run concurrently.

(3.) The prosecution case can be best stated from the 'brief facts of the case' appearing in Column No.16 of the printed prescribed proforma of the police report/chargesheet. Digambar Bajirao Borade is a person working as a plumber in Tata Institute of Fundamental Research. He resides at Navy Nagar, Colaba, Mumbai. About two years before, he had purchased a shop admeasuring about 300 sq.ft situate at Maruti Mandir Chowk, Omkar Cooperative Housing Society. This shop is in the name of Borade's wife Pramila Borade. Borade is doing the business of footwear in the said shop, and has named the same as 'Mumbai Style Footwear'. There are totally five shops in the said cooperative society, and there are about 1012 residential tenements.