1 cri appln 945.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 945 OF 2010 The State of Maharashtra .. Applicant Versus Vijay Madhukar Supe .. Respondent Smt. Y. M. Kshirsagar, A.P.P. for the Applicant/State. Shri S. N. Pagare, Advocate for the Respondent. CORAM : S. S. SHINDE, J. DATE : 24TH FEBRUARY, 2011. PER COURT : . Heared learned Additional Public Prosecutor for the applicant/State and learned counsel appearing for the respondent. The learned A.P.P. invited my attention to that part of the evidence where the prosecution has brought on record the demand, acceptance and actual recovery of amount and submitted that when the demand is proved, when amount was accepted and when anthracene powder was found on the fingers of the respondent, in that case the Court should not have acquitted the respondent. 2 cri appln 945.10 2. On the other hand, learned counsel for the respondent relying on the reasons recorded by the Special Court submitted that, the respondent herein who is acquitted was not assigned with the work of sanctioning the P.C.O. or S.T.D. Therefore, he is not final authority to grant the P.C.O. or S.T.D. connection. Therefore, according to the learned counsel for the respondent, when the respondent has no authority to do the work of the complainant in that case, there was no question of alleged demand, acceptance and further recovery. Therefore, he submits that, the application seeking leave to appeal may be rejected. 3. Upon hearing the learned counsel for the parties and upon perusal of the impugned judgment and also record, prima facie it does appear that the prosecution was successful in bringing on record the demand, acceptance and recovery. There is discussion in the Trial Court judgment in para 17 about demand and acceptance by the respondent. On perusal of para 17 of the impugned judgment it does appear that there was demand and acceptance of the amount. The present case needs consideration. Therefore, the application seeking leave to appeal is allowed and stands disposed off. The Registry is directed to register the this application as appeal. 3 cri appln 945.10 4. On registration of appeal, admit. 5. The learned counsel for the respondent waives service of notice on admission of appeal. 6. The action U/Sec. 390 of the Criminal Procedure to follow. The Sessions Judge/Special Judge, Amalner after securing the presence of the respondent release him on bond of Rs. 10,000/- and one surety of like amount and secure his presence twice in a year till the disposal of present appeal. [ S. S. SHINDE, J.] bsb/Feb. 11