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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 file a supplementary charge-sheet against the applicant under Section 7 of the PC Act and will follow the appropriate procedure in that regard. Page 1 of 3 SHUBHADA SHANKAR KADAM Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.09.03 12:10:47 +0530
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:
O R D E R a) The revision application is partly allowed. Page 2 of 3
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.)