1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3311 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders CORAM: P.R. BORKAR, J. DATED: 22nd February, 2010. P.C.: 1. Heard Shri. B.V. Wagh, present for the applicant. This is an application for leave to file appeal against the order of acquittal passed by the learned Adhoc Additional Sessions Judge, Amalner in Special Criminal Case no. 3/2002 decided on 27the May 2009 whereby the present respondent was acquitted of the offence punishable under section 7 read with 13 (2)(3) and 13(2) of the Prevention of Corruption Act. 2. In this case, the learned A.P.P. Shri. Wagh has taken me through the record and the judgment of the Special Court. In para No. 65, the Special Court came to the conclusion that there is possibility that the accused has accepted the amount from P.W. 1 Hiralal towards contribution of flag day. However, the Special Court has also made observation in para 22 that the accused has come with a case of total denial. After 2 considering the judgment in detail, the actual handing over of money and putting the amount by the accused in his bag, has been duly proved. If the amount was taken towards flag contribution, the accused ought to have come with the positive defence. In my opinion, this is a case which needs examination in appeal. Hence, this application for leave to file appeal is granted. Appeal be registered accordingly. [P.R. BORKAR, J.] ssc/ca3311.09