1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.528 OF 2009 AND CRIMINAL APPLICATION NO.578 OF 2009 AND CRIMINAL APPLICATION NO.86 OF 2007 AND CRIMINAL APPLICATION NO.161 OF 2008 IN CRIMINAL REVISION APPLICATION NO.208 OF 2004 Mani Shankar Narayan Kavathe & Anr. ...Applicants (Orig.Accused Nos.1 & 2) Vs. State of Maharashtra ...Respondent (Orig.Complainant) AND CRIMINAL REVISION APPLICATION NO.415 OF 2006 The State of Maharashtra ...Applicant (Orig. Complainant) Vs. Shaikh Noor Mohammed Zakaria ...Respondent (Orig. Accused) Mr.J.G.Gaikwad, Advocate for the Applicant Mrs. R.V.Newton, A.P.P for the State 2 CORAM: SMT.ROSHAN DALVI, J. DATED: 18TH DECEMBER, 2009 P.C. 1.This application is for placing the Revision Application No.208/2004 high on board for hearing and in the alternative for withdrawing the Revision Application No.208/2004 and re-agitation of the judgment and order of the learned Additional Sessions Judge as also for stay of the trial before the learned Sessions Judge. The trial against the applicant herein is in progress. The trial cannot be stayed and must therefore, proceed in view of Section 19(3)(c) of the Prevention of Corruption Act, 1988 (P.C.Act). 2.The applicants contend that they are public servants and that a prior sanction to prosecute them for the offence under which they are charged is required. The respondents contend that the applicants are not public servants and prior sanction to prosecute them under the P.C. Act is not required. A trial in the absence of sanction can proceed since sanction is no longer condition precedent under Section 19(3) of the P.C.Act (paragraph 181 of the judgment in the case of P.V. Narsimha Rao Vs. State (CBI/SPE) (1998)4 S.C.C. 626. The trial must therefore, proceed. However the question 3 of sanction would come up after all the witnesses have been examined. That question requires to be decided in both the above Revision Applications. Hence, both the Criminal Revision Application Nos.208/2004 and 415/2006 are required to be heard on the question of law. 3.The Revision Applications be placed for hearing on 19th January 2010 high on board. 4.The Criminal Application No.528 and 578 of 2009 and C.A.161/2008 are disposed off accordingly. 5.The Criminal Application No.86/2007 is rejected. (SMT. ROSHAN DALVI, J.)