.. 2 .. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2500 of 2009 CRIMINAL APPLICATION NO. CRIMINAL APPEAL NO. The State of Maharashtra .. Applicant. vs. Salima Salim Almelkar ..Respondent. .... Mr.S.R. Shinde, A.P.P.for the State. .... CORAM : A.R. JOSHI,J. DATE : 10th July 2009. P.C.: Heard learned A.P.P. for some time. 2. Nobody for respondent though represented by learned advocates. It is the leave petition to prefer an appeal against the acquittal of respondent-accused in the matter for the offences punishable under Section 7 and 13(i)(d) and 13(2) of Indian Penal Code, 1988. 2. Perused the reasoning given by the Special Court while acquitting the accused-a Municipal Corporator. It is the case of demand of bribe amount of Rs.12,000/-(Rupees twelve thousand) and acceptance of the part of the same i.e. Rs.2000/-(Rupees two thousand). Allegedly, such acceptance offered at the office cum residence of the Corporator- .. 2 .. accused. It appears that the trial court was influenced by some answers given by the complainant and also by Panch (P.W.2) and also was influenced by the circumstance that the micro cassette tape recording was not clearly audible. However, the fact remains that both the hands of the accused were smeared with the Anthracene powder as was established in the post trap panchanama, when hands were inspected in the ultra violet light. 3. Considering the above circumstances and considering the offence in totality in the opinion of this Court, it is a matter which is required to be tried in the appeal in order to ascertain the correctness and legality of the impugned order of acquittal. Hence, leave petition is allowed. Appeal is admitted. Action under Section 390 of Criminal Procedure Code be initiated and in that event the respondent can be granted bail suitably. With this direction, this leave petition is disposed of. (A.R. JOSHI,J.)