- 1 - 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 CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.322 OF 2008 APPLICATION NO.322 OF 2008 APPLICATION NO.322 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION APPLICATION APPLICATION NO.1786 OF 2008 NO.1786 OF 2008 NO.1786 OF 2008 M.H.Patel ...Applicant vs. D.H.Dakore and others ...Respondents Applicant in person appears Mr.J.P.Yagnik A.P.P. for State Mr.Nitin Jamdar for Respondent no.1. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 3,2009 : MARCH 3,2009 : MARCH 3,2009 P.C.: P.C.: P.C.: 1. This is an application for condonation of delay in filing an application for leave to prefer an Appeal under section 378 of the Code of Criminal Procedure,1973. The order of acquittal has been passed in a prosecution at the instance of the State under the provisions of the Prevention of Corruption Act,1988. As the application for leave is itself not maintainable, the applicant appearing in person seeks permission to withdraw this application as well as application for leave with a liberty to file appropriate proceedings for challenging the impugned order. 2. Accordingly, application is dismissed as withdrawn with liberty as prayed. All contentions of the parties on merits are kept open. - 2 - JUDGE JUDGE JUDGE