1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5484 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 The State ..Applicant. v/s. Ramchandra Dhondu Rahate ..Respondent. Smt. R.V.Newton, APP for the Applicant/State. Shri C.G.Gawanekar i/by Shri Arfan Sait, advs. for the respondent. CORAM : J.H.BHATIA, J. DATE : 17th December, 2011 PC : 1 Heard. Perused the impugned judgment and the order of the acquittal as well as the relevant evidence of the prosecution witnesses. Prima-facie, the opinion of the trial Court does not appear to be correct that the sanction for the prosecution accorded by the Executive Engineer , who was superior to the competent officer Assistant Engineer, is wrong. About the demand, there also appears evidence pertaining to payment of Rs.500/- towards the bribe and the separate demand of Rs.300/- towards the cost of the wire. There appears no explanation from the accused about the acceptance of tainted notes of Rs.800/- and the powder on his hands. 2 Therefore, leave to prefer appeal against the acquittal granted. 2 3 Appeal be registered. 4 Appeal admitted. 5 As the applicant is represented by the lawyer, he is granted bail on the same terms and conditions as before the trial Court subject to his furnishing fresh bail bonds. (J.H.BHATIA, J.)