1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1264 OF 2009 The State of Maharashtra. Applicant. vs. Shashikant Tamanna Ghatnatti ..Respondent. Mr A.S. Shitole, A.P.P.,for the State. Mr U. R. Mankapure, A.P.P. For the Respondent-accused. CORAM: : A.R. JOSHI,J. DATE : 25.06.2009. P.C.:- 1. Heard rival submissions for some time. It is the application, to seek leave for appeal, filed by the State against the acquittal of Respondent – accused for the offence punishable under Sections 7 and 13 (1) (d) r.w.s. 13 (2) of the Prevention of Corruption Act, 1988. Perused the evidence of three prosecution witnesses and mainly that of P.W.No.1 complainant and P.W.No.2 trap panch. Also perused 2 the reasoning given by the Trial Court while coming to the conclusion of non-establishment of the case against the accused. According to the case of the prosecution, admittedly, amount of Rs. 500/- was received by the accused and was recovered from him during the trap. It appears that the Trial Court was influenced by the defence of the accused that it was the amount not asked by him and it was to be given to one Mr Gavade, ex-employee from Land Records office. It is the factual position from the substantive evidence of P.W.Nos. 1 and 2 that the said Gavade had free access in the said Government office and in fact he had access to the official files and put the file of the complainant before the accused during the trap. Considering such circumstances, in the opinion of this Court, there is triable issue before this Court in the appeal to ascertain the correctness and legality of the order of acquittal. Hence, the leave petition is allowed. 2. Appeal is admitted. Call for R and P if not called earlier. Action under Section 390 of the Cr.P.C. be taken. (A.R.JOSHI,J)