1 (crim appln 1490 of 2010 in Cri appeal 914 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1490 OF 2010 IN CRIMINAL APPEAL NO. 914 OF 2010 Shivaji Tatyaba Chaugule ...Applicant Vs. State of Maharashtra ….Respondent ----- Mr.P.R. Arjunwadkar for Applicant Mr.A.S.Shitole -APP for the State ----- CORAM: V.M. KANADE J. DATED: 7TH DECEMBER, 2010 P.C. 1. The Applicant has been convicted for the offence punishable under section 7 of the Prevention of Corruption Act and sentenced to suffer R.I. for three years and to pay fine of Rs.1,000/- and, in default, to suffer further R.I. for three months. He has also been convicted for the offence punishable under section 13(1) (d) r/w. 13(2) of the Prevention of Corruption Act and sentenced to suffer R.I. three and half years and to 2 (crim appln 1490 of 2010 in Cri appeal 914 of 2010) pay fine of Rs.1,000/- and, in default, to suffer further R.I. for three months. The sentences are directed to run concurrently. 2. It is submitted by the learned counsel appearing on behalf of the Applicant that the prosecution has not proved that the sanction was granted by the competent authority. It is submitted that no witness has been examined to prove that the sanction was granted by him and that he was duly authorized to granted sanction to prosecute the accused. Secondly, it is submitted that the panch witness is a pliable witness since he has acted as panch for the police in number of cases. 3. Perusal of the judgment and the order passed by the Sessions Court reveals that there is no discussion on the aspect of grant of sanction by the prosecution. 4. That being the position, the Applicant deserves to be released on bail. 5. The Applicant be released on bail on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the 3 (crim appln 1490 of 2010 in Cri appeal 914 of 2010) like amount. Criminal Application for bail is disposed of. (V.M. KANADE J.)