1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.1557 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard Mrs. A.V.Gondhalekar, learned A.P.P. for the applicant. Though served, the Respondent is absent. Mr.Temak, learned advocate waives service on earlier occasion but it appears that he has not filed Vakilpatra. He too is absent. 2. The Respondent was allegedly trapped while accepting bribe amount of Rs.5,000/- (Rupees five thousand) from complainant Jagjeetsingh. He had filed a Revision Application, challenging proceedings initiated against his servant by name Babu @ Chandrakumar. He alleged that the Respondent demanded amount of Rs.5,000/- (Rupees five thousand) to file the reply in the Revision Application. It prima facie appears that the tainted currency notes were recovered from the possession of the Respondent and the amount was accepted in the Chamber of the Respondent, who was working as Assistant Public Prosecutor. The defence of the Respondent was that she accepted the amount towards her fees in context of a private complaint which was to be drafted and filed as per instructions of Mr.Kazi, advocate, against M/s Chawala Brothers. It is explicit from the impugned judgment that the Respondent was appearing in the Revision Application to defend the State's action. The complainant gave certain admission during course of his cross-examination. The learned Sessions Judge noticed that the complainant desired that the Respondent be not sentenced. It is pertinent to note that panch witness corroborated the prosecution case regarding the demand of amount from the complainant. At least the version of panch does not prima facie show that the amount was demanded towards legal fees. In this view of the matter, presumption available U/s 20 of the Prevention of Corruption Act, 1988, requires consideration. 3. Leave granted. 4. Admit the appeal. 5. Action U/s 390 of the Cr.P.C. 6. Compliance report within four (4) weeks. (V.R.KINGAONKAR,J.) Dt.26.08.2009. asp/office/Crapp1557.08