1 APPLN-527.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.527 OF 2011 The State of Maharashtra .... Applicant Vs. Ashok Yashwant Banne .... Respondent Ms A.A. Mane, APP, for the Applicant- State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 28, 2011 P.C: 1. This is an application for leave to file appeal against the acquittal of the respondent who was working as a Steno-typist at the Civil Hospital at Kolhapur. The learned Special Judge, amongst other things, observed towards the end of para 38 of her Judgment that the accused admitted to having accepted the amount towards 3% of the total medical reimbursement bill as per Government Circular and he had produced on the record documentary evidence in support of his defence. Therefore, according to the learned Judge, the accused had rebutted the presumption that arise under Section 20 of the Prevention of Corruption Act. 2 APPLN-527.11 2. When the matter was first heard, the learned APP was asked to collect the Government Circular which enabled the Civil Hospital to collect 3% of the total medical reimbursement bill. On 5-7-2011 an order was passed observing that, it was unfortunate that the learned APP could not be provided with the so called Circular which enabled the Stenographer to retain 3% of the total medical reimbursement claim. It was further observed that if the Department concerned is not bothered, let the prosecution suffer. The application was ordered to be listed after two weeks. 3. The learned APP has made available for my perusal copies of the letters written on 21-6-2011, 8-7-2011 and 20-8-2011 to the Secretary of the Health Department, Mantralaya, Mumbai seeking the Circular. She states that she, however, did not receive any document from Mantralaya. But on her own she collected copy of the Circular from the Civil Surgeon being Government Resolution No.MIS 2006/ 305/CR-33/06/Administration-2, dated 30-12-2010 which enabled the Civil Hospital to collect an amount at the rate of 3% of the total medical reimbursement bill towards fees to be recovered 3 APPLN-527.11 by the Civil Hospital for various services provided in the hospital. The learned APP submitted, first, that this Circular is of 2010. Presuming that same rate prevailed on 27-2-2004 when the trap was laid, the learned APP submits that this was supposed to be fees to be received by the Civil Hospital for the services provided and therefore should have been paid across the counter to the accountant of the Civil Hospital and not to the Steno- typist. 4. In view of the above, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. 5. The application accordingly stands disposed of. (R.C. CHAVAN, J.)