Bombay High Court
ANANDA PATILBA TUPEversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The Court allowed the application for early hearing of the State's appeal.
Summary
Ananda Patilba Tupe, a retired Avval Karkun who has not received his pension for over a decade and suffers from health ailments, was acquitted on 18 March 2026 by a Special Judge of charges under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act. The State subsequently filed an application for leave to file an appeal (ALS No.88 of 2026). Tupe applied to the High Court for an early hearing of that application, citing his financial deprivation and medical condition. The State argued that the appeal should proceed in its normal turn. After considering the submissions and the applicant's circumstances, the Court allowed the application for early hearing, directing that the appeal be heard promptly.
Issues considered
- Whether the High Court should grant an early hearing of the State's application for leave to file an appeal against the acquittal, given the applicant's retirement, lack of pension, and health issues
Legislation cited
- Prevention of Corruption Act — s. 13(1)(d), 13(2), 7
Subjects
- early hearing
- leave to appeal
- pension deprivation
- health issues
- Prevention of Corruption Act
- acquittal
- criminal procedure
Judgment
2026:BHC-AUG:38720
905-Cri-Apln-3466-2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3466 OF 2026
IN ALS/88/2026
ANANDA PATILBA TUPE
VERSUS
THE STATE OF MAHARASHTRA
.…
Mr. Joydeep Chatterji, Advocate for Applicant
Mr. V. S. Badakh, APP for Respondent - State
.…
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : August 27, 2026
PRONOUNCED ON : August 28, 2026
O R D E R :-
1. The present application is for early hearing of
Application for Leave to file Appeal (ALS) No.88 of 2026, filed by
State.
2. It is pointed out that the applicant was tried by
Special Judge and Additional Sessions Judge, Aurangabad and
charged under Sections 7, 13(1)(d) read with Section 13(2) of the
Prevention of Corruption Act, vide judgment and order dated
18.03.2026, he came to be acquitted. It is submitted that the
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applicant was working as Avval Karkun, who retired way back in May
2014. Almost 12 years have passed and he is not yet receiving his
pension. That, further the applicant is suffering from health ailment.
Medical papers to that extent are also placed on record. Resultantly,
for above both reasons, application for early hearing is filed.
3. Learned APP points out that appeal is of 2026 and it has
to be taken as per it’s turn.
4. After considering the submissions and on going through
the papers, it appears that the applicant was tried vide Special Case
No.1 of 2013 for the offence under Sections 7, 13(1)(d) read with
Section 13(2) of the Prevention of Corruption Act and he came to be
acquitted vide judgment and order dated 18.03.2026. Against the
said judgment and order, the State seems to have preferred
application for leave to file appeal. Now, the applicant prays for early
hearing of application for leave to file appeal, primarily on the ground
that applicant has retired 13 years back and deprived of pensionary
benefits and secondly, he is having health issues. Apparently, against
the judgment and order, the State has preferred application for leave
to file appeal, but it is of 2026.
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5. Taking into account the statement made across the bar,
the applicant has retired 13 years back, did not receive pension,
coupled with the reason of health issues of which medical papers are
placed on record. For all the above reasons, following order is
passed:-
ORDER
Application is allowed.
[ ABHAY S. WAGHWASE, J. ]
SMS
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