1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO.806/2009 in CRIMINAL APPEAL NO. 134/2009 (State of Maharashtra vs. Banduraj Amrut Dudhe ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mrs. Rachana Wasnik, APP for applicant Mr. N D Khamborkar, Adv.for Respondent-sole C ORAM : A.P. BHANGALE, J. DATED : 25 th September,2009. 1. Heard. 2. By means of this application, the applicant-State seeks leave u/s 378(3) of the Cr.P.C. challenging the judgment and order of acquittal of the respondent for offence punishable under sections 13 (1)(d) read with sec. 13 (2) of the Prevention of Corruption Act, 1988. She contended that the applicant has made out an arguable case on the ground that learned trial Judge erroneously concluded the acquittal of the respondent/accused. 3. Per contra, learned Advocate for the respondent, contended that necessary witness was not examined and the acquittal was by a well- reasoned judgment and order. 4. Be that as it may; since arguable case is made out for grant of leave, the same is granted. Application is allowed. 5. Criminal Appeal No.134/2009 is admitted. Call R & P. Private Paper-book be furnished, after ten weeks. Learned Advocate for Respondent 2 waives service. Learned APP to supply copy of memorandum of appeal to the learned Adv. for respondent. After paper-book is ready, list the Appeal for final hearing. Action u/s 390 to follow. Bail to the satisfaction of the trial Court. JUDGE. sahare