1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.75 of 2010 In Criminal Revision No. of 2009 (Central Bureau of investigation v. Shri S.N. Singh, Deputy Chief Mining Engineer, WCL, Nagpur) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Shyam Ahirkar, Advocate for Applicant. Shri A.A. Gupta, Advocate for Respondent. Coram : R.M. Borde, J. Dated : 6 th July, 2010 This is an application seeking condonation of delay of 283 days occurred in presenting the revision application. The application is tendered by the Central Bureau of Investigation requesting the Court to condone the delay, which has occurred in challenging the order of discharge of the respondent passed by the learned Judge, Special Court, Nagpur, on 1-4-2009, under the Prevention of Corruption Act. It is stated in the application that the decision was rendered by the Special Court on 1-4-2009. The certified copy of the order was applied on 13-4-2009 and the same was received on 28-4-2009. Thereafter the proposal was forwarded to the Senior Public Prosecutor on 29-4-2009 and the same was transmitted to the Mumbai Office of the Central Bureau of Investigation with a view to secure the assent for presenting an appeal. Ultimately, the decision was communicated by the higher officer to present a 2 Revision Application on 7-10-2009 and thereafter the instant revision applicant has been filed. Although it is stated in the application that the delay in filing the revision application has occurred due to procedural technicalities, however considering the gravity of the offence and further considering that the Special Court has passed the order of discharge on the basis of the aspects touching to the merits of the controversy, I deem it appropriate to grant further opportunity to the Investigating Agency to putforth their contentions in respect of the merits of the controversy involved in the matter. It is to be noted that the prosecution is in respect of amassing disproportionate assets worth more than Rs.20 lacs. On bare perusal of the impugned order, it transpires that the Special Court has dealt with the aspects touching to the merits of the controversy of the trial. The offence under the Prevention of Corruption Act is the offence against the Society at large and the prosecution cannot denied opportunity only on the ground of procedural technicalities. In this view of the matter, I deem it necessary to grant the present application. The application for condonation of delay of 283 days in presenting the revision application is allowed. The delay stands condoned. List the matter for admission on 14-7-2010. Judge. pdl.