15-ALS-19-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (STATE) NO. 19 OF 2024 Union Of India ....Applicant V/s Kishor Bhikaji Ingle And Anr. ....Respondents *** Mr. Amit Munde a/w. Mr. Jai Vohra for Applicant. Ms. Prabha Badadare for Respondent No.1. Ms. Sharmila Kaushik, APP for Respondent No.2-State. *** CORAM : M.M. SATHAYE, J. DATE : 25th JUNE, 2026 P.C. : 1. Heard learned counsel for the CBI and learned counsel for the Respondent No.1-original accused. The application is filed seeking leave to file appeal against judgment and order dated 11.10.2018 passed in Special (CBI) Case No. 11/2017 by Special Judge (CBI- ACB cases), Pune. 2. The Respondent No.1 was charged with offences punishable under Sections 7, 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988. 3. The Respondent No.1-accused was a Sub Inspector in Railway Protection Force at the relevant time, posted at Pune Railway Station. According to prosecution, the Respondent No.1-accused caught one Mr. Buddhe while selling water bottles unauthorisedly in railway and demanded bribe for allowing Mr. Buddhe’s boys to sell water bottles Husen 1 HUSENBASHA RAHAMAN NADAF Digitally signed by HUSENBASHA RAHAMAN NADAF Date: 2026.06.25 19:15:06 +0530 15-ALS-19-2024.doc in railway. This led to a complaint being filed against the Respondent No.1-accused. A trap was laid. According to the prosecution, after the tainted notes were given as a bribe to Respondent No.1-accused, he was arrested and the tainted notes were found in his custody. 4. Having heard learned counsel for the parties and on going through the impugned order, in my view, leave is required to be granted to file appeal, for following reasons. 5. The prosecution has examined the informant as P.W.5, panch witness as P.W.6, trap-laying officer as P.W.7. Additional Chief Security Commissioner of RPF is examined as P.W.3 for the purpose of proving sanction required under the said Act. Investigating Officer is examined as P.W.8. Apart from the said evidence, both pre-trap panchnama and post-trap panchnama are produced on record. The spectrography test was conducted, comparing the voice sample of the accused with voice in the call-conversation recorded by the complainant. It has come on record that the voice sample used in the test and the voice in the conversation recorded on the micro SD card are of the similar person. In that sense, the spectrography test has been found positive. 6. Apparently, on the ground that the portion of conversation about ‘the alleged amount of bribe being reduced’ not being found on the SD card, the learned Judge has disbelieved the other evidence in respect of demand of the bribe. It has come on record that the Respondent No.1-accused was arrested in RPF Thana and the chemically-tainted notes were found on his person. Husen 2 15-ALS-19-2024.doc 7. Therefore, considering the nature of offence involved and the evidence produced, in my view, the case requires scrutiny in the appeal. 8. The application is allowed. The Applicant-CBI is permitted to file appeal challenging the impugned judgment and order. Appeal be numbered. 9. Admit. Learned counsel for the Respondent No.1 waives service. 10. Action under Section 390 of Criminal Procedure Code, 1973 be initiated. Respondent No.1-accused is directed to appear before Court of Special Judge (CBI-ACB cases), Pune within a period of 3 weeks from today. (M.M. SATHAYE, J.) Husen 3