1 appln 3754 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3754 OF 2010 The State of Maharashtra .. Applicant -versus Vijay Ramchandra Barawade .. Respondent. Mr. J. P. Kharge, APP for the Respondent State. Mr. S.V. Kotwal, i/b Mr M. S. Mohite, CORAM: R.C. CHAVAN, J. DATED: 29th September, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of an Additional Public Prosecutor, for the offence punishable under Section 7, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, by the learned Special Judge, Satara. The defence of accused which was accepted by the learned Judge was that the amount was accepted by the accused towards fees for a civil suit which the complainant wanted the accused to file. The complainant stated in para 13 of his cross examination before the Special Court that he had given information to the accused regarding the property sold by his son at Panchgani. According to complainant the information was given for the purpose of conducting a murder case. He claims that he had informed the accused that the brother-in-law of his son had murdered his son on account of 2 appln 3754 of 2010 transfer of the land in the name of daughter-in-law of the complainant. The accused had noted down the information given by complainant. Complainant also claimed to have handed over xerox copy of 7x12 extract of the land to the accused. In this context on behalf of accused, his junior Adv. Mr.Dhumal was examined, in whose presence the vakalatnama was signed and the alleged amount was allegedly accepted towards the professional fees of the applicant. The Vakalatnama signed by the complainant had been recovered. The learned APP states that Vakalatnama was signed just before the trap. This could be consistent with receiving the amount towards fees for the proceedings for which Vakalatnama was signed. Thus, the view taken by the learned Judge cannot be said to be perverse or improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)