Bombay High Court

ANAND DEVIDAS VIDYAGARversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The court condoned the delay and ordered a stay of the proceedings pending the revision application.

Summary

Anand Devidas Vidyagar filed a criminal revision challenging the order of the Additional Sessions Judge, Jalgaon, which rejected his application for discharge under Section 7 of the Prevention of Corruption Act. He also sought condonation of a 115‑day delay in filing the revision. The High Court, after hearing counsel for both parties, allowed the condonation of delay and ordered that the revision application be registered. A stay was directed on the pending proceedings in Special Case No.245/2021 before the Additional Sessions Judge. The investigating officer was directed to file a reply within two weeks. The criminal application was disposed of following these orders.

Issues considered

Whether the 115‑day delay in filing the criminal revision can be condoned.
Whether the rejection of the discharge application under Section 7 of the Prevention of Corruption Act warrants a stay of the proceedings.

Legislation cited

Prevention of Corruption Act — s. 7

Subjects

criminal revision
condonation of delay
discharge application
Prevention of Corruption Act
stay of proceedings

Judgment

                                                            3561.26appln
                                    (1)

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          902 CRIMINAL APPLICATION NO. 3561 OF 2026
                     IN REVNST/9630/2026

                  ANAND DEVIDAS VIDYAGAR
                           VERSUS
                 THE STATE OF MAHARASHTRA
                                  …..
Mr Adwait Milind Joshi, Advocate h/f Mr M. M. Patil, Advocate for
Applicant
Mr M. A. Aher, APP for Respondent/State
                               …..

                           CORAM : SUSHIL M. GHODESWAR, J.

                             DATE : 28th AUGUST, 2026

P. C. :


           CRIMINAL APPLICATION NO. 3561 OF 2026


1.           Heard Mr Joshi, learned Advocate for the applicant and

learned APP for respondent/State.


2.           This is an application for condonation of delay of 115

days caused in filing criminal revision application.


3.           For the reasons stated in the application, the same is

allowed. Delay is condoned. This criminal application is disposed of.


4.           Criminal Revision Application be registered.
                                                             3561.26appln
                                    (2)

 CRIMINAL REVISION APPLICATION (ST.) NO.9630 OF 2026


5.          Heard Mr Joshi, learned Advocate for the applicant and

learned APP for respondent/State.


6.          By this revision application, the applicant is challenging

the order dated 27/01/2006, passed below Exhibit 10 in Special Case

No.245/2001, wherein the learned Additional Sessions Judge, Jalgaon

rejected his application for discharge from the offence punishable

under Section 7 of the Prevention of Corruption Act.


7.          Mr Joshi, learned Advocate for the applicant submits that

the learned Additional Sessions Judge, Jalgaon has committed a grave

error in rejecting discharge application of the applicant as the material

collected by the prosecution against him discloses no commission of

the offence and there is no involvement of the applicant in the alleged

crime. He, therefore, submits that, since there are arguable points, the

impugned proceedings may be stayed.


8.          In that view of the matter, issue notice to the respondent,

returnable on 28/09/2026. Learned APP waives service of notice on

behalf of respondent/State.
                                                          3561.26appln
                                 (3)

9.          During the pendency of instant revision application, there

shall be stay to the proceedings bearing Special Case No.245/2021

before the learned Additional Sessions Judge, Jalgaon.


10.         The Investigating Officer shall file reply within a period

of two weeks.



                                   [SUSHIL M. GHODESWAR, J.]
sjk

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