: 1 : A-724-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 724 OF 2011 The State of Maharashtra .. Applicant v/s. Arun Raghunath Ketkar .. Respondent ......... Mr. V.B. Kondedeshmukh, APP for the applicant ......... CORAM : R.Y.GANOO, J. DATE : 7th JULY, 2011. P.C. : 1. The respondent was tried by learned Special Judge(Anti Corruption), Thane under Section 7 and Section 13(1)(d) r/w Section 13 (2) of the Prevention of Corruption Act, 1988 in Special Case No.7 of 2005. The State is aggrieved by this order of acquittal. Hence, the present appeal is filed. I have with the assistance of learned Counsel Mr. Kondedeshmukh perused the evidence of PW-1 and other material. Learned Special Judge has acquitted the respondent on two counts namely (i) no proper sanction and (ii) no satisfactory evidence as regards the demand. As regards the evidence on demand the State : 2 : A-724-11=.doc has an arguable case. So far as the question as regards grant of sanction, the prosecution has failed to prove that sanction accorded was proper. The sanction has been granted by Mr. Rasal PW-4 and record shows that he was not the sanctioning Authority. 3. In my view, the reasons given by the learned Special Judge to reject the sanction are proper and if that is the position, learned Sessions Judge had no alternative but to acquit the respondent. No interference is required. Application is dismissed. (R.Y.GANOO, J.)