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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

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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