1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.4773 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra ...Applicant (Ori.Complainant) Vs. Laxman Jagannath Babar & Anr. ...Respondents (Orig.Accused 1 and 2) Mr.S.R.Shinde, A.P.P for the State Mr. M.K.Kocharekar, Advocate for Respondents 1 & 2 CORAM: SMT.ROSHAN DALVI, J. DATED: 9TH DECEMBER, 2009 P.C. 1.This is an application for leave to file Appeal against an acquittal of the respondents under the judgment of the District and Sessions Judge, Satara dated 8 th July 2009. The case relates to the trap of respondent No.1 who was the government servant and had a contract for electrical fitting with an Electrical Contractor, respondent No.2. 2.The learned A.P.P has pointed out the reasoning of the learned Judge in the impugned judgment relating to the 2 admission of the amount of Rs.15000/- paid by accused No.2 to accused No.1, which has been taken to be not paid to the accused No.1 to justify it as an illegal gratification. The evidence of P.W.1 shows two payments of Rs.15000/-. In the cross examination of P.W.1 the first payment of Rs.15000/- is stated to be given by the complainant s father. In the cross examination upon such suggestion the other payment of Rs.15000/- is shown to be paid to accused No.2 who is an electrical contractor towards fitting charges. Since that is not shown to be the only payment made, the aspect of the payments requires reconsideration. Consequently, the Appeal is admitted. 3.Call for R & P. Respondents waives service. 4.Since Mr. Kocharekar appears for both the respondents and states that they will remain present in Court, the process under Section 319 Cr.P.C need not be strictly followed by the trial Court. The respondents are released on the same bail as in the trial Court. 5.The application is disposed off accordingly. (SMT. ROSHAN DALVI, J.)