1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.3634 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra ...Applicant (Orig. Complainant) Vs. Raghunath Shankarrao Pawar ...Respondent (Orig. Accused) Mrs.A.A. Mane. A.P.P for the State Mr. K.S. Patil, Advocate for the Respondent No.1 CORAM: SMT.ROSHAN DALVI, J. DATED: 1ST DECEMBER, 2009 P.C. 1.This is an application by the State for leave to file Appeal against the acquittal of the accused in Special Case No.2/2004 in the Special Court,Sangli. The accused was charged with having committed offence of demanding bribe under the Prevention of Corruption Act. The complainant is stated to be a licenced contractor of the Government for extracting sand. The complainant has not shown the Government licence issued by any competent authority. The complainant has admitted in 2 his cross examination that he has no such licence. The complainant has not shown that he has deposited any royalty. It was his case that he had Sand Transport Pass. In a separate application filed under Section 344 of the Cr.P.C that case has been seen to be false. The complainant has admitted his acts, apologised and he has been convicted thereunder. 2.The learned Judge in impugned judgment has seen that the complainant was not issued a valid pass. The complainant had applied to the wrong department being the irrigation department for issuance of the pass, though he, as an experienced sand extractor, knew that the Tahasildar was the authority to issue the pass. The learned Judge has concluded that the complaint has been filed with ulterior motive. 3.Since the State cannot show that the complainant had paid royalty or issued a valid pass by the competent authority the impugned order cannot be faulted. 4.Leave to appeal is refused. 5.The application is disposed off accordingly. (SMT. ROSHAN DALVI, J.)