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Judgment
K.S.P. Sandhu, J. (Oral)
The respondent was tried under section 5 (2) of the Prevention of Corruption Act, 1947 read with section 161 I.P.C. and was convicted and sentenced to R.I. for two years and to pay a fine of Rs. 500/ in default R.I. for six months by the learned Special Judge, Bhatinda vide his order dated 31.3.1977. The respondent came up in appeal in the High Court. The same was allowed by A.S. Bains, J. vide his order dated October 30,1979.
The short ground on which the learned Single Judge allowed the appeal of the respondent was that the sanction for the prosecution of the respondent was not proper. The prosecution after obtaining proper sanction again put up a challan before the Special Judge, Bhatinda. The respondent made an application before the Special Judge that since the High Court while acquitting the respondent has not ordered retrial, so the retrial of the respondent was not proper. The Special Judge allowed the prayer and discharged the respondent.
As a matter of principle, the respondent could be retried after the prosecution has obtained due sanction unless the High Court had directed otherwise. However, keeping in view the fact that the alleged offence was committed in the year 1974 and the respondent has been under suspension and has undergone a protracted trial for a number of years, I don''t think it would be proper to relegate the respondent to the position of fresh trial at this belated stage. For this reason, I don''t feel like interfering with the order of learned Special Judge. This revision petition is consequently dismissed.