1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4523 OF 2008 State of Maharashtra ..Appellant. vs. Motiram Sakharam Patil ..Respondent. Mr. A.S.Shitole, A.P.P., for the State. Mr Nitin Pradhan with V.B. Tapkir for the Respondent. CORAM: A.R.JOSHI,J. DATE : 06TH MAY,2009. P.C.:- 1. Heard rival submissions for some time. The appellant – State of Maharashtra has moved this application for leave to appeal against the judgment and order of acquittal of original accused no.2 – the present respondent for the offence punishable under Section 13 (1)(d) read with section 13 (2) and Section 7 of the Prevention of Corruption Act, 1988 passed by District Judge and Special Judge,Pune in Special Case No.16 of 2003 dated 26.8.2008. By the said impugned judgment and order the Special Court convicted only accused no.1 for the similar offences. Hence, this application for leave to file 2 appeal against the accused no.2. 2. Perused the record and reasoning given by the Special Court. Considering the mitigating circumstances in the case of the prosecution as to non production of the tape recorded conversation, allegedly, held between accused no.1 and the complainant and considering the failure of the prosecution to establish positive case as against accused no.2, in the opinion of this Court, there is nothing to re-agitate the said issue again and that it is not the fit case in which a leave to appeal can be granted. Hence, application stands rejected and disposed of accordingly. A.R.JOSHI,J.