Bombay High Court Upholds Discharge of Tenure-Based Additional Public Prosecutor

The Bombay High Court upheld discharge of a tenure-appointed Additional Public Prosecutor from corruption charges, holding that the appointment did not make him a State employee for the prosecution advanced.

Background and dispute

The accused was alleged to have demanded ₹25,000 for favouring an accused person. The State challenged the Special Judge’s discharge order under the Prevention of Corruption Act.

Legal issue and court’s approach

Justice Sharmila Deshmukh relied on the Supreme Court’s distinction in State of UP v Johri Mal between prosecutors appointed on tenure and Assistant Public Prosecutors who serve as State employees. The ruling turns on the legal status of this appointment.

Order and practical consequence

The discharge under the corruption statute remains in force; the decision should not be read as approving any alleged conduct.