SANJAYSINH RAMRAO CHAVAN Vs. DATTATRAY GULABRAO PHALKE
LAWS(SC)-2015-1-38
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on January 16,2015

Sanjaysinh Ramrao Chavan Appellant
VERSUS
Dattatray Gulabrao Phalke Respondents





Cited Judgements :-

STATE OF H P VS. RAHUL KUMAR SHARMA [LAWS(HPH)-2016-9-143] [REFERRED]
AMRIK SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-6-118] [REFERRED TO]
MOHAMMAD FARMAN AND ANOTHER VS. STATE OF H P [LAWS(HPH)-2016-11-92] [REFERRED TO]
DHANABHAI BHIMSIBHAI NAGHERA VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2016-9-54] [REFERRED]
SUBHASH VS. STATE (NCT OF DELHI) [LAWS(DLH)-2021-6-65] [REFERRED TO]
KUSUM LATA VS. STATE (GOVT. OF NCT DELHI) [LAWS(DLH)-2022-4-243] [REFERRED TO]
SHIVANNA VS. STATE BY POLICE INSPECTOR [LAWS(KAR)-2017-1-274] [REFERRED TO]
JOGINDER KAPOOR VS. STATE OF HARYANA [LAWS(P&H)-2020-1-157] [REFERRED TO]
ARJUNSINH DAHYAJI VANZARA VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-300] [REFERRED TO]
JOSEPH MATHEW VS. NEYYATTINKARA P. NAGARAJ AND ORS. [LAWS(KER)-2015-7-49] [REFERRED TO]
AMRITPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-156] [REFERRED TO]
BHAGAWATHI INTERNATIONAL VS. CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, BELLARY ROAD [LAWS(KAR)-2018-7-190] [REFERRED TO]
GOPAL KRISHAN VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-12-75] [REFERRED TO]
PUSHAP RAJ VS. RAMDHAN [LAWS(HPH)-2016-12-76] [REFERRED TO]
MUKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-11-16] [REFERRED TO]
AMAR DEV VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-11-162] [REFERRED TO]
RAJENDER SINGH THAKUR VS. STATE [LAWS(DLH)-2022-3-45] [REFERRED TO]
JITENDRA KUMAR GARG VS. MANJU GARG [LAWS(DLH)-2022-4-256] [REFERRED TO]
SAMEER SANDHIR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2017-4-38] [REFERRED TO]
SHIKHAR GOEL VS. ROBINA KAUSHIK [LAWS(DLH)-2021-11-193] [REFERRED TO]
NAND KISHORE VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-10-76] [REFERRED TO]
FATEH SINGH AND OTHERS VS. STATE OF H P [LAWS(HPH)-2016-11-232] [REFERRED TO]
SHARAT BABU DIGUMARTI VS. STATE, GOVT. OF NCT OF DELHI [LAWS(DLH)-2015-8-200] [REFERRED TO]
WASIUDDIN SIDDIQUI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-9-65] [REFERRED TO]
SURJEET SINGH PANESAR VS. RENU PROBHA BRAHMA [LAWS(GAU)-2019-4-72] [REFERRED TO]
MD FAZNUR ALI VS. STATE OF ASSAM [LAWS(GAU)-2018-3-112] [REFERRED TO]
TARUN DEV SARMA AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-9-20] [REFERRED TO]
PRADEEP VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-1-207] [REFERRED TO]
RAJARAM BADOLE VS. SPECIAL POLICE ESTABLISHMENT, LOKAYUKT [LAWS(MPH)-2018-1-145] [REFERRED TO]
CH.RAGHUNANDAN VS. STATE OF TELANGANA [LAWS(TLNG)-2022-7-9] [REFERRED TO]
MAHENDRA SINGH VS. STATE OF UTTARAKHAND & ANR [LAWS(UTN)-2019-3-14] [REFERRED TO]
SIVA VALLABHANENI VS. STATE OF KARNATAKA [LAWS(KAR)-2018-5-12] [REFERRED TO]
SYED AHMED VS. STATE [LAWS(KAR)-2020-11-369] [REFERRED TO]
ZAKIA AHSAN JAFRI VS. SPECIAL INVESTIGATION TEAM - SIT [LAWS(GJH)-2017-10-47] [REFERRED TO]
RAJESH DOGRA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-10-118] [REFERRED TO]
SUNIL DUTT VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-10-177] [REFERRED TO]
GAUTAM MOHAN VS. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER [LAWS(GAU)-2017-11-128] [REFERRED TO]
ABDUL GANI VS. STATE OF H P AND ANOTHER [LAWS(HPH)-2016-9-339] [REFERRED TO]
ANURAG THAKUR AND ANOTHER VS. STATE OF H.P. [LAWS(HPH)-2016-5-45] [REFERRED TO]
SALMAN KHURSHID VS. STATE NCT OF DELHI [LAWS(DLH)-2019-11-221] [REFERRED TO]
BRAJENDRA KUMAR GUPTA VS. STATE OF U.P. [LAWS(ALL)-2016-2-238] [REFERRED TO]
PRINCE MATHEW VS. STATE OF KERALA [LAWS(KER)-2020-6-7] [REFERRED TO]
K.N.S OVERSEAS PRIVATE LIMITED VS. STATE [LAWS(KAR)-2020-11-405] [REFERRED TO]
SUKHDEO SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-1-247] [REFERRED TO]
RAVINDER KUMAR VERMA VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2015-9-471] [REFERRED]
GANPAT MEHTA @ GANPAT PRASAD MEHTA VS. STATE OF BIHAR & ANR [LAWS(PAT)-2018-11-17] [REFERRED TO]
SUBHASH VS. STATE (NCT OF DELHI) [LAWS(DLH)-2021-8-142] [REFERRED TO]
ABUL HUSSAIN VS. STATE OF ASSAM [LAWS(GAU)-2018-1-70] [REFERRED TO]
QAZI S WASEEM VS. STATE OF U P AND OTHERS [LAWS(ALL)-2016-4-320] [REFERRED]
JOGINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-12-232] [REFERRED TO]
AMAR KRISHNA MALSOM VS. STATE OF TRIPURA [LAWS(TRIP)-2020-11-5] [REFERRED TO]
K. SUBRAMANIA RAO @ PRAKASH VS. INSPECTOR OF POLICE, SPE/CBI/ACB, CHENNAI [LAWS(MAD)-2017-6-42] [REFERRED TO]
V K SHARMA VS. STATE OF M P & ANR [LAWS(MPH)-2016-1-96] [REFERRED TO]
KAMLESH KUMAR JOSHI VS. STATE OF M.P. [LAWS(MPH)-2019-8-49] [REFERRED TO]
SRIKANTA ROY VS. STATE OF ASSAM AND ANR [LAWS(GAU)-2019-5-89] [REFERRED TO]
SMTI JAMUNA DAS VS. RAM CHANDRA DAS [LAWS(GAU)-2019-1-91] [REFERRED TO]
KARAM SINGH VS. RANJIT SINGH AND OTHERS [LAWS(HPH)-2016-11-163] [REFERRED TO]
SRI SHARAD MOHANRAO KESHKAMAT VS. CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION [LAWS(KAR)-2018-8-289] [REFERRED TO]
S K SINGH VS. STATE OF M P & OTHERS [LAWS(MPH)-2016-3-141] [REFERRED]
KU. ARCHANA NAGAR AND ORS. VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2016-4-5] [REFERRED TO]
MOHD. AFTAB VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2021-12-253] [REFERRED TO]
SANTOSH KUMAR VS. UNION OF INDIA [LAWS(DLH)-2022-6-13] [REFERRED TO]
PACKIAM VS. STATE REPRESENTED BY INSPECTOR OF POLICE [LAWS(MAD)-2018-9-311] [REFERRED TO]
DR. Y BHASKAR RAO VS. STATE OF KARNATAKA [LAWS(KAR)-2016-11-16] [REFERRED TO]
STATE OF MADHYA PRADESH AND ORS. VS. ANAND MOHAN AND ORS. [LAWS(SC)-2015-7-37] [REFERRED TO]
BRAHMI DEVI VS. UNION OF INDIA AND OTHERS [LAWS(HPH)-2016-9-260] [REFERRED]
YOG RAJ AND OTHERS VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-1-77] [REFERRED TO]
SIEMENS ENTERPRISE COMMUNICATIONS PTV LTD VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(HPH)-2019-8-119] [REFERRED TO]
KISHAN RAO VS. SHANKARGOUDA [LAWS(SC)-2018-7-9] [REFERRED TO]
SANIL JAMES VS. STATE OF KERALA [LAWS(KER)-2022-9-21] [REFERRED TO]
M. MUHAMMADALI VS. MANNOORAN PARAMBIL ABRAHAM THOMAS [LAWS(KER)-2022-9-44] [REFERRED TO]
B.S. ANAND KUMAR VS. STATE OF KARNATAKA [LAWS(KAR)-2017-12-85] [REFERRED TO]
DEV DUTT MISHRA VS. STATE OF M.P. [LAWS(MPH)-2020-10-168] [REFERRED TO]
PRIMARY AGRICULTURE COOPERATIVE SOCIETY VS. STATE OF M.P. [LAWS(MPH)-2021-10-112] [REFERRED TO]
NARENDRA MISHRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-2-28] [REFERRED TO]
SPECIAL POLICE ESTABLISHMENT VS. MUNICIPAL COUNCIL SUJALPUR & ANR [LAWS(MPH)-2018-7-141] [REFERRED TO]
ARCHANA NAGAR, D/O BASANT KUMAR NAGAR VS. STATE OF M P [LAWS(MPH)-2016-4-142] [REFERRED]
DINESH KUMAR VS. STATE, NCT OF DELHI [LAWS(DLH)-2021-11-89] [REFERRED TO]
MANTUSH CHOUDHURY @ MANTU CHOUDHURY VS. STATE OF ASSAM [LAWS(GAU)-2018-2-88] [REFERRED TO]
ABHIRAM MAHATO AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-4-49] [REFERRED TO]
SUNIL BHASEEN VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-8-124] [REFERRED TO]
JOGESH KUMAR GOMBER VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-9-89] [REFERRED]


JUDGEMENT

- (1.)Leave granted.
(2.)Appellant is accused no.1 in C.R. No. 3446 of 2010 of Bund Garden Police Station in the State of Maharashtra. The case is registered by the Anti- Corruption Bureau under Sections 7, 12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act').
(3.)Genesis is Annexure-P7-complaint dated 22.11.2010 given by the first respondent. According to him, he had to pay an amount of Rs.75,000/- by way of bribe for getting a certificate for non-agricultural use of his land. To quote from the complaint:
"On 5th October 2009 an advertisement of "Bharat Petroleum Corporation Ltd. Pune" appeared in daily Lokmat and Loksatta newspapers. The advertisement was for giving dealership of Petrol Pump. I had duly applied to the company Bharat Petroleum Corporation Ltd. for the same. As per the procedure my interview was arranged on 30th March 2010. I was selected for this work. As per the terms and conditions of Bharat Petroleum Corporation Ltd. Pune it was binding on me to submit a "non agricultural certificate" of my land at Pimpalsuti, Tal Shirur, District Pune. To get the said certificate I applied to the Maval Sub Divisional Officer and Magistrate Pune on dated 9/9/2010. After the application I fulfilled all the documents required as per their demand.

After this today on date 22/11/2010 at 11/20 a.m. I went to the office of Maval Sub Divisional Officer and Magistrate Pune for enquiring about the non agricultural certificate which I had not received till then. That time I met the clerk Shri Suhas Soma. He asked me to meet clerk Shri Landge. When I personally met Shri Langde he asked me to meet Shri Sanjaysingh Chavan Sub Divisional Officer Maval. As per that I met Shri Sanjaysingh Chavan Sub divisional Officer Maval personally in his office. At that time he asked me the reason as to why I require the non agricultural land certificate. I told him the reason of petrol pump and also told him the area of land. After that he asked me to meet the clerk Suhas Soma. After I went out of his office, he called his clerk Suhas Soma in his cabin. After Shri Soma came out of the cabin he asked me "At what extent you are ready to pay -. At that time I asked him "What will be the amount of challan -. That time he said that "Challan amount is meager, an additional amount of Rs. 1,00,000/- will have to be paid as practice. If your matter was for house then I would have requested the boss for less amount. But as you are going to do business you should not have any objection to pay Rs.1,00,000/-. At that time I requested the Office Superintendent Mr. Soma that "this amount is huge, some concession be given to me". On that a compromise was made between me and him and he demanded an amount of Rs.75,000/- as a bribe."

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