The State Of Maharashtra vs Mithun Balaso Sawant And Anr
2019 Latest Caselaw 33 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPLICATION NO.84 OF 2018
                              (For Leave to Appeal)



     The State of Maharashtra                          ....     Applicant
                                                          (Ori. Complainant )
              Vs.

     1. Mithun Balaso Sawant
     2. Prakash Kale Gauda                             ....     Respondents
                                                              (Ori. Accused )

     Mr. S.S. Pednekar, APP for State.
     Mr. Mahesh Yadav I/by Mr. Sharad S. Mulik for Respondent nos. 1
     and 2.

                                        Coram : Smt. Sadhana S. Jadhav, J.

Date : 11th April 2019 P.C. :

1 Heard the learned APP for the applicant and the learned

counsel for the respondents.

2 Upon perusing the notes of evidence, it is clear that the

prosecution had established the demand by respondent no.1 and

respondent no.1 herein had directed the complainant to deposit the

gratification amount with a Tea Stall owner. The said amount was

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found with Tea Stall owner and it is the defence of Tea Stall owner

that he had accepted it on behalf of respondent no.1 herein. The

demand was recorded in the Voice Recorder and the transcript of the

said conversation would establish a demand made by the respondent

no.1 to the complainant and hence a case under Sections 7 and 13 of

the Prevention of Corruption Act, 1988 had been proved.

3 There is evidence to show that accused no.2 had accepted

the tainted currency notes of Rs.5,000/- from the complainant. The

traces of anthracene power were found. There are minor

discrepancies in the evidence of the complainant, PW-2, which are

not fatal to the prosecution. The complainant had stated that the

amount was received by the right hand, whereas the traces were

found on the left hand and therefore the learned Court had

disbelieved the case of the prosecution. PW-4 and PW-5 were the

eye witnesses to the alleged demand by accused no.1,they have not

supported the prosecution and therefore the Court has acquitted the

accused who happens to be a public servant. The learned Court has

ignored the recorded conversation and has therefore acquitted the

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respondents herein. In view of above discussion, the application

seeking leave to appeal deserves to be allowed.

     4               Appeal admit.

     5               Action under Section 390 of Code of Criminal Procedure

     be taken against the respondents.

     6               The respondents shall appear before the Special Judge,

Greater Mumbai on/or before 11th June 2019 and furnish bail bonds

to the tune of Rs.25,000/- and one or more solvent sureties in the

like amount.

7 The respondents shall continue to mark their presence

before the learned Special Judge on the date assigned by the learned

Special Judge once in six months on the date assigned by the Special

Judge.

8 Upon failure to attend any two consecutive dates, the Special Court shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.

( Smt. Sadhana S. Jadhav, J)