1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.484 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra .. Applicants V/s. Maruti Bhikaji Borkar & Ors. .. Respondents Mrs.M.H.Mhatre, A.P.P.for the State. Mr.Rahul S.Kate for Respondent Nos.1 and 2. CORAM : A.R.JOSHI, J. DATED : JUNE 18TH,2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to file an appeal against the acquittal of all the three Respondents in the matter of offence of accepting the bribe and punishable for relevant sections of Prevention of Corruption Act, 1988. 2 3. Perused the documents and notes of evidence. It appears that Special Court was influenced by the defence of the accused No.1 Tahsildar concerning his non presence at Tahsil Office Indapur on 22nd December, 2005, without there being any authentic evidence lead on this point. It appears that only on the certified copy of the log book of the vehicle used for leaving Indapur and visiting the nearby village, the trial court believed such defence and thus disbelieved the case of the complainant regarding demand of Rs.3,000/- on 22nd December, 2005. Actual trap was conducted on 28th December, 2005 during which there appears to be handing of money Rs.1000/- to accused No.3, not working in the office of the Tahsildar. Admittedly, on the say of accused No.1 Tahsildar, complainant went to one clerk from the office, one Shri Ware accused No.2, and in view of his directions, the agreed amount was given to accused No.3, who is not a government servant and not connected with the said office. Considering the said circumstances and which are corroborated by the panch witness, in the opinion of this Court, there is a triable issue to be dealt with in the appeal before this Court to ascertain the correctness and legality of the impugned Judgment and order passed by the Special Court. Hence, the order : 3 :: O R D E R :: i. Leave petition is allowed. ii. Appeal is admitted. iii. Call for R & P. iv Action under section 390 of Criminal Procedure Code be taken. v. With these directions, the leave petition is disposed of. (A.R. JOSHI, J.)