1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 199 of 2010 IN Criminal Application No. of 2010 IN Criminal Appeal No. of 2010 [The State of Mah. Vs. Ramdas S. Urade & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. V.A. Thakre, APP for the applicant. ----- CORAM : A.H. JOSHI, J. DATE : 06th April, 2010. 1. This is an application for condonation of delay. 2. State has filed an appeal against order of acquittal passed by Special Judge dealing with the cases under the Prevent of Corruption Act, in Special Case No. 16 of 2001. 3. The appeal is delayed by 179 days. 4. This Court has called upon the learned APP to address the Court on merits, in order that if there be any merit in appeal, notice on application for condonation of delay can be issued. 5. Heard. 6. Perused the Judgment. 2 7. It is seen that according to prosecution story, the accused had demanded and accepted the amount of Rs.500/- towards illegal gratification for expediting measurement work. 8. Defence of the accused was that the money was thrust in his pocket. 9. In the trial, the learned Special Judge found the prosecution evidence unworthy for various reasons, inter alia, one of the Panch witnesses was a usual Panch witness of the Department, namely Mr. Katkar, and there was contradiction in testimonies of other witnesses as to the hand which was used for accepting the bribe amount and the hand which was subjected to phenolphthalein test. 10. Considering the sum effect, the learned Special Judge found that the defence of the accused was probable and ordered acquittal. 11. In this situation, the defence of the accused is highly probable. 12. It is not shown that the these fact- findings are erroneous. 13. The Judgment of the Special Judge does not call for any indulgence. 14. In this background, it would not be just and proper to issue notice on application 3 for condonation of delay mechanically, 15. In the result, application for condoantion of delay is rejected. 16. Application for leave to appeal and appeal also stand rejected. Judge |Hedau|