1 APPLN-444.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.444 OF 2011 The State of Maharashtra .... Applicant Vs. Radheshyam Bhagwantrao Kale .... Respondent Ms M.M. Deshmukh, APP, for the Applicant-State. Shri Nitin Jamdar for the Respondent. CORAM: R.C. CHAVAN, J. DATED: JULY 07, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent ordered by the learned Special Judge, Pune, for the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988. The story is that the respondent went to the Bank where he was to get huge amount of bribe money. The money was paid by one Aswani. The respondent received the money, asked for an envelope, kept the money in the envelope and kept the envelope under a register and then was talking on mobile phone, since he had received a call. The complainant 2 APPLN-444.11 gave a signal to the raiding party. The raiding party entered and caught the respondent. The respondent's hands were found tainted. The defence is that when the respondent was receiving the call on his mobile phone, somebody kept the money in the papers which the respondent had carried for conducting inspection of the Bank. Now, if that were so, there was no question of the respondent's fingers being tainted because the money was not found just kept in the papers but was in an envelope. The learned Judge seems to have been swayed by the argument, which was also canvassed by the learned counsel before me, that the Bank authorities somehow wanted to derail the inquiry against the Bank and have succeeded in their motive by having the records seized by the police authorities which resulted in stalling the inquiry. This was thoroughly irrelevant. He should have seen that there was no explanation as to how the respondent's hands got tainted. Further, as far as sanction is concerned, the finding of the learned Judge would require reconsideration, since the Secretary who was examined had stated that he had also gone through all the papers and was satisfied that it was a fit case for grant of sanction. Leave granted. Appeal admitted. Call 3 APPLN-444.11 for the R & P. Action under Section 390 of the Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)