Heard Sri Md. Mobin, learned AGA for the State.
This present Government Appeal has been preferred against the judgement and order dated 24.05.2014 passed by Special Judge (Anti Corruption), Varanasi in Special Trial No. 47 of 2005 (State Vs. Bharat Ratn Ashok) by which the accused respondent has been acquitted by the trial court for the offence under Section 7/13 read with Section 13(1).D. Prevention of Anti Corruption Act.
It has been argued that the acquittal of the accused opposite party, who was District Excise Officer is against the evidence on record though there was cogent evidence against him. He was arrested by the trap party and Rs.10,000/- was recovered from his possession which was demanded for illegal gratification for allotting a liquor shop to the aggrieved person who had complained about the illegal demand being made by the accused opposite party.
Summon the lower court record.
From the perusal of judgement and evidence, it appears that the findings of acquittal require reconsideration. Therefore, leave to appeal is granted.
The application for leave to appeal is allowed.
Accordingly the Government Appeal is admitted.
Issue non-bailable warrant against the accused respondents, namely Bharat Ratn Ashok. If they appear or produced before the Chief Judicial Magistrate concerned, they shall be released on bail on their furnishing a personal bond of Rs. 50,000/- with two surieties each in the like amount to the satisfaction of the CJM concerned.
After the accused-respondents file the bail bonds as stated above, the photocopies of the same shall be transmitted to this Court by the CJM concerned within two weeks from the date of its execution.
Office is directed to prepare the paper book as and when record is received.
List for hearing before appropriate Bench in the week commencing 1st December, 2014.
Registrar General is directed to send certified copy of this order to the concerned court for its compliance.
Order Date :- 7.10.2014 Ajay