Madhya Pradesh High Court
The State Of Madhya Pradesh vs Govind Narayan Sargaiya on 1 September, 2015
M.Cr.C.No.2612/2015 (State of M.P. Vs. Govind Narayan
Sargaiya ) 1
1.9.2015.
Shri J.D. Suryavanshi, learned Special Public
Prosecutor for the petitioner.
On behalf of the petitioner-Special Police
Establishment Lok Ayukt of the State of M.P., this petition is
preferred under section 378 (3) of Criminal Procedure Code
for grant of leave to appeal against the acquittal of the
respondent from the charge under section 7, 13 (1) (d) and
section 13 (2) of the Prevention of Corruption Act, 1988 given by the Special Judge, Morena (constituted under the provisions of Prevention of Corruption Act) vide judgment dated 31.12.2014.
Having heard the counsel keeping in view the arguments after perusing the record of the Trial Court taking into consideration with the provisions of presumption enumerated under section 20 of the Prevention of Corruption Act has not been properly considered and answered by the Trial court in the impugned judgment, so also in the light of the evidence adduced by the prosecution the impugned judgment requires reconsideration and re-appreciation at this stage. Consequently by allowing this petition the leave to appeal as prayed on behalf of the petitioner is hereby granted.
M.Cr.C.No.2612/2015 (State of M.P. Vs. Govind Narayan Sargaiya ) 2 Office is directed to register this matter as a Criminal Appeal against the acquittal within 15 days subject to the aforesaid registration at the request of the counsel for the petitioner he is heard on the question of admission.
Admit.
Let the presence of the respondent be secured before this Court by fixing a date in the month of December, 2015 through bailable warrant of Rs.30,000/- (Rupees Thirty Thousand).
Case be listed accordingly on such date.
(U.C. Maheshwari) (Sushil Kumar Gupta)
Judge Judge
Pawar/-