IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1533 OF 2007 The State of Maharashtra. ..Applicant. Vs. Gurudeo G.Sawant. ..Respondent. Mr. Rajesh More, APP. for the State. Mr. P.D. Dalvi for the Respondent. CORAM: R.S. MOHITE, J. DATE : 14th August, 2008 PC : 1. This is an application filed by the State for leave to file appeal. The respondent accused was one of the two accused who were charge-sheeted. One of the accused died during pendency of the trial. The present accused was convicted U/s.66(1)(b) of the Bombay Prohibition Act and he was sentenced to suffer S.I. for 6-months and to pay a fine. The Appellate Court had acquitted the applicant-accused. On perusal of the Appellate Court judgment, I find that it was the case of the applicant that on the next day of the incident officers came and told him that deceased accused was apprehended and demanded an amount of Rs.20,000/- threatening him to pay the said amount failing which he will be implicated in the crime. The Appellate court observed that the prosecution has failed to prove the presence of the applicant accused at the scene of occurrence and the fact that the present accused was the person who ran away from the scene where the bottles were seized. The reasoning is plausible. Hence, leave refused. Application is dispose off. ( R.S. MOHITE, J. )