1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 4236 OF 2004 IN CRIMINAL APPEAL NO.618 OF 2004 Smt.Maya Vijay Bhise .. Applicant versus The State of Maharashtra .. Respondents ... Mrs.V.R. Raje for the applicant. Mr.R.Y. Mirza, APP for the respondents. CORAM : V.M. KANADE, J DATED : 26th October 2004. P.C:- 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. The applicant is seeking stay to the order of 2 conviction and sentence passed by the trial Court whereby the applicant has been convicted under the provisions of Prevention of Corruption Act and sentenced to suffer RI for one year and in addition to pay fine of Rs.500/- and in default to suffer RI for three months. 3. The prosecution case is that the applicant was working as a Head Nurse in the Civil Hospital and had demanded Rs.150/- from the complainant for purchasing three tube lights which were to be installed in the bathroom of the ladies ward. It is the prosecution case that the applicant had informed the complainant that unless the said amount was paid, she would not discharge his wife from the hospital. 4. The learned counsel for the applicant thus submitted that the said amount was not demanded as illegal ratification but for voluntary collection of donation pursuant to the rules framed by the Government of Maharashtra and the notification dated 23rd August 2002 issued by the Government. 5. The learned APP appearing on behalf of the State has relied on the judgement of the Apex Court in 3 the case of K.C.Sareen vs. CBI, Chandigarh reported in 2001 SCC (Cri) 1186. 6. In my view, the applicant has made out a case for grant of stay to the conviction and sentence. In the present case admittedly, rules are framed by the Government for the acceptance of donation in cash or kind for medical institutions. Rules 17.28 and 17.29 of Maharashtra Civil Medical Service Rules, Part-I 1976 is reproduced below :- 17.28. 17.28. 17.28. Voluntary donations for construction of buildings such as Dharmashallas should be promptly utilised so that the cost of construction does not go up and the donor does not change his mind. All correspondence regarding private, voluntary donations should be dealt with most expeditiously. 17.29 17.29 17.29. The following are the rules for acceptance of donations in cash or kind for medical institutions - (1) The articles donated should be of 4 general utility for patients whether directly or indirectly. (2) Thed donations should be un-conditional. However, condition for Labels or Commemorating tablets of donors or hisnominee can be accepted. (3) Donations in cash upto Rs.1,000 and/or in kind upto Rs.3,000 can be accepted by the following officers provided that they do not involve Government in a recurring expenditure of more than Rs.150 per annum, and/or non-recurring expenditure exceeding Rs.150 and that the extra expenditure can be accommodated within the sanctioned grants for the institution for the relevant financial year :- (a) All Superintendents of Government Hospitals in Bombay City. (b) All Deans. (c) All Civil Surgeons/ Superintendents of Hospitals. 5 (d) Director, T.B.Control and Training Centre, Nagpur. (e) Superintendent of Pune Chest Hospital and Ambejogai Hospitals. (f) Superintendents of Mental Hospitals. (g) All Medical Superintendents of Womens Hospitals in Vidarbh region. 7. Similar notification has been issued by the Government dated 23.8.2002 in which it is mentioned that it has become difficult for the Government to provide facilities to the Government hospitals and therefore, by the said resolution, the Government hospitals were permitted to collect voluntary donations. The allegation against the applicant is that she had demanded Rs.150/- towards donation for the purchase of three tube lights which were to be installed in the bathroom of the ladies ward. Further allegation is that the applicant had informed the complainant that till such donation was paid, his wife wouldnot be discharged. It is no doubt true that the allegation made against the applicant is finally confirmed. The question as to whether it would amount 6 to demand of illegal ratification will have to be decided at the hearing of the appeal. However, at this stage, I am of the view that this is a fit case for grant of stay to the order of conviction and sentence. 8. Under these circumstances, the impugned judgement and order of conviction passed by the Special Judge dated 30th April 2004 in Special case no.18 of 2003 is stayed, pending the hearing and final disposal of the Criminal Appeal. 9. Criminal Application is disposed of in the above terms. Hearing of the appeal is expedited. 10. All concerned to act on a copy of this order duly authenticated by the Sheristedar. V.M. KANADE, J