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 PRONOUNCED ON : : August 27, 2026 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 1 of 3 2026:BHC-AUG:38720 (( 2 )) 905-Cri-Apln-3466-2026 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. 2 of 3 (( 3 )) 905-Cri-Apln-3466-2026 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:- O R D E R Application is allowed. [ ABHAY S. WAGHWASE, J. ] SMS 3 of 3