Bombay High Court
GANESH VASANT CHAVANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The order rejecting the discharge application is quashed and the matter is remanded for fresh hearing after a new discharge application is filed.
Summary
Ganesh Vasant Chavan filed a discharge application which was rejected by the Additional Sessions Judge, Pune, on the basis that there was sufficient material to frame charges under Sections 7, 7A and 12 of the Prevention of Corruption Act, 1988, although the charge sheet only covered Sections 7A and 12. The prosecution later indicated its intention to file a supplementary charge‑sheet under Section 7, for which sanction is required. The applicant contended that the rejection was improper as the additional charge had not yet been formally filed or sanctioned, and sought a fresh discharge application. The High Court held that the order rejecting the discharge was unsustainable in view of the pending addition of Section 7 and quashed the order, remanding the matter to the Sessions Court for a fresh hearing after the applicant files a new discharge application. The prosecution was directed to seek the necessary sanction for the added charge.
Issues considered
- Whether the order rejecting the discharge application is valid when an additional charge under Section 7 of the Prevention of Corruption Act, 1988, has not yet been formally filed or sanctioned.
- Whether the applicant is entitled to file a fresh discharge application in view of the prospective addition of a new charge.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 12, 7, 7A
Subjects
- Criminal Procedure Code
- Discharge Application
- Prevention of Corruption Act
- Sanction
- Revision
- Charge Sheet
Judgment
3-REVN-451-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 451 OF 2025
Ganesh Vasant Chavan ...Applicant/s
Versus
The State of Maharashtra ...Respondent/s
_________________________________________________________________
Mr. Satyavrat Joshi along with Ms. Indrayanee Pandit and Mr. Samay
Pawar, Advocate for Applicant.
Mr. S. S. Hiray, PP along with Mr. S.R.Agarkar, APP for Respondent-State.
PI-Avinash B. Gharbude along with API-Shreeram V. Shinde, PCPC, EOW,
Pune.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 31st AUGUST, 2026.
P.C. :
1. The challenge in this revision application is to the order dated
8th August 2025 passed below Exhibit 4 in Special Case No. 502 of 2025,
by the learned Additional Sessions Judge, Pune, whereby the discharge
application of the applicant was rejected.
2. Learned PP, on instructions, submits that the charge sheet was
filed against the applicant under Sections 7A and 12 of the Prevention of
Corruption Act, 1988 (for short, PC Act), and the prosecution is mulling to
SHUBHADA
SHANKAR file a supplementary charge-sheet against the applicant under Section 7 of
KADAM
Digitally signed by
SHUBHADA
the PC Act and will follow the appropriate procedure in that regard.
SHANKAR KADAM
Date: 2026.09.03
12:10:47 +0530
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3-REVN-451-2025 (CR).doc
Shubhada S Kadam
3. It is contention of learned counsel for the applicant that while
rejecting the discharge application of the applicant, the learned Sessions
Judge observed that there was sufficient material on record to frame
charges under Sections 7, 7A, and 12 of the PC Act, but the charge-sheet
has not been filed against the applicant under Section 7 of the PC Act and
there is no sanction under the said section. If the prosecution is going to
file a supplementary charge-sheet under Section 7 of the PC Act, the
impugned order passed by the learned Sessions Judge be quashed and set
aside, and the applicant be permitted to file a fresh discharge application
with all contentions of the applicant being kept open.
4. I have heard both learned counsel.
5. As per the statement of the learned PP, the prosecution has
added Section 7 of the PC Act against the applicant and will follow the
procedure in consequence thereof. The applicant has a right to challenge
the addition of the section against him and can file an appropriate
application before the concerned Court.
6. In view of above, I pass following order:
ORDER
a) The revision application is partly allowed.
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3-REVN-451-2025 (CR).doc
Shubhada S Kadam
b) The impugned order dated 8th August 2025 passed below
Exhibit 4 in Special Case No. 502 of 2025, by the learned
Additional Sessions Judge, Pune, is quashed and set aside.
c) The matter is remanded back to the Sessions Court for fresh
hearing after the filing of a fresh application by the
applicant in view of the additional section applied against
him.
d) The prosecution is at liberty to file an application for
obtaining sanction after adding the additional section
against the applicant.
The application stands disposed of in above terms.
(SHIVKUMAR DIGE, J.)
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