1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2542 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra ..Applicant. v/s. Ajay R. Parmar ..Respondent. Ms P.P.Shinde, APP for the Applicant/State. Mr. Satyavrat Joshi, adv. for the respondent/Accused. CORAM : J.H.BHATIA, J. DATE : 16th December, 2011 PC : 1 Heard the learned APP as well as the learned counsel for the accused/respondent. The accused was the Assistant Police Inspector when he was trapped while accepting bribe. The Police Commissioner, Bombay, holding the rank of Additional Director General of Police, had accorded the sanction for prosecution. The learned trial Court relying on certain observations made in the Writ Petition No.4050 of 2009 Special Inspector General of Police , Kolhapur Range v/s. Ambadas Yadav decided by the Division Bench of this Court, held that the Additional Director General of Police is not competent to accord sanction and this was main reason for acquittal. The observations of the Division Bench in the 2 above case run contrary to the observations and findings of another Division Bench in Criminal Writ Petition No. 1214 of 2007 Ashok Kakade v/s State of Maharashtra and Others as well as the specific provisions of the Bombay Police Act, 1951. Section 12A shows that the appointing authority for the post of inspector is the Commissioner for the area for which he is appointed and the Director General or Inspector General for the other areas. Under Section 25(1), the State Government may impose upon an Inspector or any member of the subordinate ranks of the police force for the neglect of duty, etc., the punishments including removal from service or dismissal. Said powers are also vested in the Director General or Inspector General including Additional Director General, Special Inspector General and the Commissioner of Police by virtue of provisions of Section 25(2)(a). As per the judgment of the trial Court, the respondent/accused was promoted from the post of PSI to the post of Assistant Police Inspector by the order passed by the Additional Director General of Police. It shows that the Additional Director General of Police is the appointing authority and, therefore, he can also be removed or dismissed from the services from and by the officer of the rank of Additional Director General of Police. In the present case, the sanctioning authority was the Police Commissioner of Bombay who held the rank of Additional Director General of Police. 2 The learned counsel for the accused/respondent contended 3 that sanction could not be accorded except by the concerned Administrative Department of the State Government or the Director General of Police. These questions can be looked into at the final hearing of the appeal. 3 Therefore, leave to prefer appeal against acquittal granted. Appeal be registered. 4 Appeal admitted. 5 The learned counsel for the accused/respondent makes a statement that the accused may be granted bail without issue of warrant. Therefore, the accused is granted bail on the same terms and conditions as before the trial Court subject to his furnishing fresh bail bonds before this Court. (J.H.BHATIA, J.)