IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 4104 OF 2008 ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearances,Court ’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ Mr A.S. Shitole, A.P.P.for the State. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 2ND MAY,2009. DATED : 2ND MAY,2009. DATED : 2ND MAY,2009. P.C.:- P.C.:- P.C.:- 1. On previous dates arguments were heard at length and matter is kept today for passing orders, whether the leave to appeal can be granted to the State of Maharashtra. The matter arises out of case lodged against the respondent Nos. 1 to 3 for the offences punishable under Section 13 (1) (e) read with Section 13 (2) of the Prevention of Corruption Act, 1988. Allegedly, the disproportionate assets acquired by the respondents were more than to the tune of Rs. 13 lakhs and some odd for the check period from 1.6.78 to 8.7.1998. Main accused respondent no.1 is the Engineer in Irrigation Department. 2. Considering the substantive evidence of about 33 witnesses and considering the reasoning given by the Special Court while acqutting the respondents and while considering the various aspects as to the income from the immovable property of the respondents, in the opinion of this Court there is substantial question of law and facts involved in this appeal and as such present leave application is allowed. Appeal is admitted. R and P be called for. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)