1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3507 OF 2009 The State of Maharashtra ...Applicant VERSUS Deepak Rajaram Jadhav and anr. ...Respondents ..... Smt. B.R.Khekale, A.P.P. for applicant Shri Joydeep Chatterjee, advocate for respondent nos. 1 and 2. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20 th July, 2010 PER COURT : 1] Heard Smt.B.R.Khekale, APP for the applicant and Shri Joydeep Chatterjee, advocate for respondent nos. 1 and 2. 2] The applicant/State has preferred the present application seeking leave to file appeal against the judgment and order of acquittal dated 18.6.2009, rendered by learned Judge, Special Court, 2 Jalna, in Special Case No. 1 of 2008 (PCA), acquitting the respondents (original accused) for the offences punishable under Sections 7, 12, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988. 3] I have perused the impugned judgment and order dated 18.6.2009 as well as perused the record and proceedings with the assistance of learned A.P.P. for the applicant and learned counsel for the respondent nos. 1 and 2. 4] After scrutinizing the oral and documentary evidence on record, it appears that the prosecution has examined in as much as 7 witnesses to substantiate the charges levelled against the respondents and in rebuttal of presumption under Section 20 of the Act in the case of the respondents that the hand loan amount of Rs. Ten Thousand was being returned to them by the complainant, but for even considering the said aspect of preponderance of probability, there appears no evidence except the bare words of the respondents, and therefore, matter apparently requires re- consideration, since there is prima facie material against the respondents. Hence, leave to file appeal deserves to be granted to 3 the applicant. 5] In the result, present application is allowed and leave to file appeal is granted to the applicant as prayed for and present application be treated as appeal. 6] Heard Smt. B.R.Khekale, A.P.P. for applicant and Shri Joydeep Chatterjee, advocate for respondent nos. 1 and 2. Admit. Shri Joydeep Chatterjee, learned counsel accepts notices for the respondents after admission of the appeal. 7] The respondents to furnish bail in the sum of Rs.10,000/- each with one surety in the like amount each before the Trial Court within the period of six weeks from today. 8] R. and P. be sent back to the Trial Court. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3507.09