1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1988/2010 The State of Maharashtra. Applicant V E R S U S Ramdularsing Jaggusing Thakur Respondent. Mrs. B.R. Khekale learned APP for applicant. Mr. S.S. Rathi, Advocate for the respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 6TH AUGUST, 2010 PER COURT : 1. Heard learned respective counsel for the parties. 2. This is an application preferred by the applicant-state seeking leave to file appeal against the judgment and order of acquittal dated 15.2.2010 in Special Case No.4/2007 rendered by Additional Sessions Judge and Special Judge (Hingoli), acquitting the respondent (original accused) for the offence under section 7, 13, (i), (d), 13 (2) of Prevention of Corruption Act. 3. Apparently, accused was serving as Revenue Inspector at the relevant time and complainant approached him to effect mutation entry in pursuance of the sale deed regarding land purchased by him i.e. 1H 80R by 2 sale deed dated 27.1.2006 but the accused allegedly demanded Rs.20,000/- as illegal gratification. It was negotiated between them and amount of illegal gratification was fixed at Rs.13,000/- out of which Rs.2,000/- was paid and balance amount of RS.11,000/- was allegedly paid by the accused on the date of trap i.e on 31.1.2007. 4. The prosecution has examined in as much as five witnesses to substantiate the charges levelled against accused. Accused also examined two defence witnesses. The defence of the accused is that, he accepted amount of Rs.11,000/- from the complainant, but it was towards the settlement of dispute between him and Sakhubai. To support the said contention he examined two defence witnesses namely DW 1 Nayab Tahsildar Mr. Gajanan Shinde and DW 2 Mr. S.K.Shirsat advocate. 5. Apparently, there is primafacie case against the respondent. Hence, leave to file appeal as prayed for is granted. 6. ADMIT. 7. Mr. S.S. Rathi advocate for the respondent accept notice after admission. 8. Respondent to furnish bail in the sum of Rs.10,000/- with one surety in the like amount before trial court, within four weeks. 9. Record and proceeding be sent back to the concerned court. ( SHRIHARI P. DAVARE, J. ) aaa/1988.10 ***