-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2283 OF 2006 APPLICATION NO.2283 OF 2006 APPLICATION NO.2283 OF 2006 The State of Maharashtra ...Applicant vs. Madhukar B. Deshpande & Anr. ...Respondents Mr.V.B.Konde-Deshmukh A.P.P. for State Mr.K.S.Patil for the Respondents CORAM: CORAM: CORAM: SMT.V.K.TAHILRAMANI,J. SMT.V.K.TAHILRAMANI,J. SMT.V.K.TAHILRAMANI,J. DATE DATE DATE : JUNE 24,2008. : JUNE 24,2008. : JUNE 24,2008. P.C.: P.C.: P.C.: 1. The Applicant-State of Maharashtra has preferred this Application against the Judgment and Order dated 28-2-2006 passed by the Special Judge, Solapur in Criminal Appeal No.8 of 2003. By the said Judgment and Order the learned Special Judge acquitted the Respondents-original accused of the offence punishable under sections 7, 13(2) read with 13(1) and (d) of the Prevention of Corruption Act,1988. 2. It is the case of the prosecution that the complainant was not having license of Forest Department and he was carrying wood in a tractor trolley to supply it at Sugar Factory. Accused demanded Rs.2000/- as bribe from the complainant for releasing his trolley. Therefore complainant filed complaint with ACB Pune. 3. I have heard the learned APP for the Applicant-State and learned Advocate for Respondent Nos.1 and 2. I have perused the Judgment and Order and the evidence produced by the -2- learned APP. 4. The learned Special Judge acquitted the Respondents-original accused on the ground that the sanction order was defective. I have perused the impugned Judgment and Order and particularly paragraph 58 and 59 of the said Judgment. 5. It is revealed from evidence of PW3 Bharat Parkhe the Sanctioning Authority that on 30/4/2002 he had received letter of Dy.S.P.A.C.B.,Pune with certain documents. By the said letter he was requested to give sanction to prosecute accused Madhukar Deshpande and accused Dadarao Bhalerao. After receipt of said letter PW3 Bharat Parkhe had gone through the documents and he had applied his mind to those documents. He noticed that the accused demanded bribe illegally. He found that it was a fit case to grant sanction to prosecute the accused. Therefore, he issued sanction as per Exh.31. 6. From the evidence, it is seen that along with documents P.W.3 Bharat Parkhe received draft of sanction. Said draft of sanction was undated. It is pertinent to note that P.W.3 Bharat Parkhe had not mentioned the date on the sanction order (Exh.31) issued by him. In Exh.31 P.W.3 Bharat Parkhe has stated that accused no.2 Dadarao Bhalerao restrained tractor and trolley of the complainant and took it in police station. This submission is against the prosecution case. It is not -3- the case of the prosecution that accused Bhalerao brought tractor and trolley in police station. Along with all the papers P.W.3 Bharat Parkhe i.e. the Sanctioning Authority had received complainant of Bahiru Talekar along with papers. The complainant-Bahiru Talekar in his report has not mentioned that accused Dadaro Bhalerao restrained tractor and trolley and took it into police station and demanded money to release it. It is to be noted that in the draft sanction it was mentioned that accused Dadaro Bhalerao restrained tractor and trolley of complainant Bahiru Talekar and brought it in police station. Had P.W.3 Bharat Parkhe read the papers carefully he would have corrected the fact in his sanction order. The fact that no such correction has been made in the sanction order shows that the draft sanction was copied by the Sanctioning Authority without any application of mind. 7. In my opinion the learned Special Judge has rightly acquitted the Respondents-accused. Looking to the evidence on record, I am of the opinion that the view taken by the learned Special Judge is a reasonable and possible view. Hence, no interference is called for in the impugned Judgment and Order. 8. Application is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)