IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1698 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra )..Applicant Versus Dr.Babasaheb Kashinath Patil )..Respondent ---- Mrs.M.H.Mhatre APP for the State. Mr.Gunratan Sadavarte for the respondent. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.9.2008. PC 1. This is an application filed by the State for leave to appeal. On perusing the judgment and order and record, I find that the acquittal is based upon cogent and acceptable reasons. The trap money in question is not found on the person of the accused. It is said to have been kept on the table at his behest. The defence of the accused that the Doctor was examining the patient at the time when the police came to arrest him. The trial Court has accepted that at the relevant time he was not arrested because he was examining some patient. Complainant was not examined because he expired. The complaint is therefore, not proved. The Court has held that there is a discrepancy as regards the evidence of demand also in so far as FIR could not : 2 : be corroborated with the version of the panch witness. In the circumstances, the view taken is a possible view. In my view, not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Consequently appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)