1 Appln 5852-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5852 OF 2010 The State of Maharashtra ..Applicant V/s. Krishna Sonba Patil ..Respondent Mr.S.A.Shaikh, APP, for the Applicant - State None for the Respondent CORAM : R.C.CHAVAN, J. DATE : 6TH JULY, 2011 P.C. . This is an application for leave to file an appeal against acquittal of the respondent ordered by the learned Special Judge, Kolhapur for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. I have heard the learned APP and perused the evidence tendered at the trial which was made available by the learned APP. The learned trial Judge seems to have been influenced by the fact that the first informant had admitted in para 18 of his cross examination that he 2 Appln 5852-2010 was with the accused between 12:00 noon to 1:00 p.m. whereas pre-trap panchanama was started at 1:15 p.m. and ended at 3:15 p.m. He therefore, wondered as to how the Complainant could have reached ACB office, given his report and the ACB officers could have commenced panchanama within 15 minutes. The learned APP rightly pointed out that the time mentioned is between 12:00 noon to 1:00 p.m. which does not necessarily imply that till 1:00 p.m. the Complainant was with the accused. The evidence tendered would require re-consideration. Leave granted. 2. Admit. 3. Call for R & P. 4. Action under Section 390. (R.C.CHAVAN, J.)