1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4488 OF 2009 [The State of Maharashtra Vs. Madhav S/o Manik Hake] Mr.D.R.Korade,A.P.P.for the applicant-State Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders PER COURT : 1. Heard. 2. This application is made for seeking leave under section 378(1)(3) of Code of Criminal procedure against the Judgment and order dated 15th September, 2009, passed by the Special Judge Osmanabad in Special Case No. 14 of 2008, acquitting the respondent for the offence punishable under sections 7, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act,1988. 3. The prosecution case in short is as under- 2 . The complainant, initially alleged in his complaint that on 21st May, 2008 the respondent demanded bribe of Rs.2000/- for recording the mutation in respect of certain sale deed, which the complainant's daughter-in-law obtained. The complainant, thereafter, lodged his complaint and trap was led. The trap succeeded and the currency Notes smeared with anthracene powder were recovered from the pocket of respondent. 4] However, when case came before the trial Court, most important witness of the prosecution, the complainant at 11th hours turned hostile and did not support the prosecution case. He stated that, there was no reason for him to pay any amount to respondent, because the issue of mutation was not before the respondent, but was pending before his superior officer Tahsildar. In view of this the entire prosecution case got vitiated. 5] The learned Judge of the Lower Court rightly held that initial demand of bribe is foundation of the case and 3 the prosecution could not establish this fact. Mere proving recovery of anthracene applied currency from his person would not be sufficient to prove the offence. Thus, this is not fit case for granting leave to file the appeal. Hence, the Criminal Application stands dismissed Sd/- DT.:22.03.2010 [A.V.NIRGUDE,J.] MTK