( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2375 OF 2008 The State of Maharashtra APPLICANT VERSUS Shaliram Sriram Mote RESPONDENT ..... Mr. K.S. Patil, APP for the applicant/State. Mr. Vijay Sharma, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 30th September, 2009] PER COURT : 1. This is an application seeking leave to appeal under section 378 of the Criminal Procedure Code. 2. Heard learned APP for the applicant/State and learned advocate for the respondent. 3. The respondent was tried before the learned Special Judge, Nanded in Special (ACB) Case No. 3/2003. He allegedly demanded bribe of Rs. 5000/- for issuance ( 2 ) of P.R. card in name of Shaikh Noor and his wife Taherabi who inherited the house property from one Shaikh Amin after death of the latter. Taherabi is wife of complainant – Anwarkhan (PW3). It was alleged that after negotiations, the bribe amount was settled at Rs. 2000/-. Anwarkhan allegedly paid amount of Rs. 1000/- on the same day and agreed to pay remaining amount on 25-11-2002. He subsequently approached the office of the Anti Corruption Bureau, Nanded and lodged a report. A trap was laid. The tainted currency notes of Rs. 1000/- were allegedly handed over to the respondent at the time of the trap. The respondent accepted the currency notes in presence of shadow witness and kept the same in a drawer of the office table. It appears that recovery panchanama is duly corroborated by the witnesses and the tainted currency notes were seized from the drawer of the office table. The defence of the respondent was that the complainant forcibly had put the currency notes in the drawer of his table. The fingers of the hand of the respondent as well as the portion of the office table drawer indicated sparkling of bluish colour when examined under the ultra violet lamp. It ( 3 ) appears that the learned Special Judge acquitted the respondent because the complainant gave discripant version to the written complaint and there was some variation between his version and the version of the shadow panch. The subsequent tinges of hostility of the complainant would not prima facie destroy the otherwise reliable material including availability of presumption under section 20 of the Prevention of Corruption Act. Considering these aspects, leave to appeal is granted. The application is allowed accordingly. Mr. Vijay Sharma waives service for the respondent. 4. The hearing of the appeal is expedited. The record and proceedings be called. The print is dispensed with. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln2375-08