(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3490 of 2010 The State of Maharashtra, Through Police Station, Akhada Balapur, through Complainant, Pandurang Bhagwat, Aged 41 years, .. Applicant Occupation : P.I. ACB. (Original complainant) versus Ramkishan s/o. Chaturlal Jaiswal, Aged : 53 years, Occupation : Talathi, R/o. Hingoli, Near Adarsh College, .. Respondent Hingoli. (Original accused) ....................... Smt. Y.M. Kshirsagar, Additional Public Prosecutor, for the applicant. Mr. Joydeep Chatterji, Advocate, for the respondent. ........................ (2) CORAM : SHRIHARI P. DAVARE, J. DATE : 5TH JULY 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. This is an application preferred by the applicant / State seeking leave to file appeal challenging the judgment and order dated 19th May 2010, rendered by the learned Additional Sessions Judge & Special Judge, Hingoli, in Special Case No. 1/2008, thereby acquitting the respondent (original accused) for the offences punishable under Sections 7, 13(i)(d) and 13(2) of Prevention of Corruption Act. 3. I have perused the impugned judgment dated 19th May 2010, with the assistance of learned Counsel for the parties. 4. Apparently, the defence taken by the accused, in the present case, is that the amount of Rs. 1000/- was paid to him towards tax and not as a bribe by the complainant. However, Waman Kurundkar (PW 5), Revenue Inspector, has categorically stated in his deposition that he had not recovered any tax from the complainant and as per his knowledge, tax was not due from (3) the complainant. 5. Hence, the matter requires reconsideration, and therefore, present application seeking leave to file appeal is allowed and present Criminal Application be treated as Criminal Appeal. 6. Admit. 7. Adv. Mr. Joydeep Chatterji waives service of notice after admission. 8. The respondent (original accused) to furnish same bail, but to execute fresh bond within a period of four weeks from today, before the Trial Court. 9. Record & Proceedings be sent to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3490