IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2915 OF 2008 The State of Maharashtra .. Applicant Versus Rajendra Maruti Bandgar .. Respondent Ms.A.T.Jhaveri, A.P.P for the State. Mr.Nitin Jamdar for the respondent. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th January 2009. : 15th January 2009. : 15th January 2009. P.C.: . Heard the learned counsel appearing for the parties. This is an application for leave to prefer an appeal where acquittal of the respondent is for offences punishable under section 7, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988. One of the grounds on which the respondent has been acquitted is that the sanction order is illegal in as much as P.W.3 Dr.Suhas Madhukar Warke who has granted the sanction had no authority to grant the sanction. 2. At the relevant time, the said officer was a Deputy Commissioner of Police, Head Quarters at Solapur. The appointment order of the respondent dated 25th (2) August 1992 shows that the appointing authority is the Commissioner of Police, Solapur and the order of appointment has been signed by the Deputy Commissioner of Police on behalf of the Commissioner of Police. The finding recorded by the learned Special Judge that the Deputy Commissioner of Police has no authority to grant sanction appears to be correct as the appointing authority of the respondent is the Commissioner of Police. The view taken by the learned Special Judge that the sanction was not legal is certainly a probable and a possible view. In the circumstances, no case is made out for grant of leave to prefer an appeal. Application is rejected. (A.S.Oka,J)