1 Appln 5853-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5853 OF 2010 The State of Maharashtra ..Applicant V/s. Sandesh Kisan Badade ..Respondent Mrs.M.M.Deshmukh, APP, for the Applicant - State Mr.Anand S. Patil, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 6TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of the respondent for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. The learned Judge held that the Complainant did not state before the Court that at the time of trap the accused made demand of money and then 2 Appln 5853-2010 the money was paid. Both the Complainant and panch, who was present with the complaint stated that the accused asked the complainant as to why the complainant had come, creating a possibility that there was no prior demand. Further, the panch, who was examined as PW-3 admitted that he read the entire panchanama before he was sworn as witness, reducing the value of his evidence. Though as submitted by the learned APP, another view of the matter could also have been taken, the view taken by the learned Judge was not improbable or perverse calling for interference by this Court. Leave refused. Appeal dismissed. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)