Bombay High Court

UNION OF INDIAversusKISHOR BHIKAJI INGLE AND ANR.

Decided: 25 June 2026
Disposal: Allowed
Bench: M M SATHAYE

Holding

Leave to appeal the impugned judgment is granted.

Summary

The State (Union of India) filed an application seeking leave to appeal a 2018 judgment of the Special (CBI) Judge in Pune that acquitted Sub‑Inspector Kishor Bhikaji Ingle, who was charged under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 for demanding a bribe from a water‑bottle seller. The trial court had dismissed the prosecution’s case, partly on the ground that a portion of the recorded conversation concerning the alleged reduction of the bribe amount was missing from the SD card. The High Court examined the evidence, including witness testimonies, pre‑ and post‑trap panchnamas, and a positive spectrography test matching the accused’s voice. The Court found that the trial judge had erred in disbelieving the evidence and, given the seriousness of the offence, the matter warranted appellate scrutiny. Accordingly, the application for leave to appeal was allowed, permitting the CBI to file an appeal, and the accused was directed to appear before the Special Judge within three weeks.

Issues considered

Whether the trial judge erred in disbelieving the prosecution evidence and thus whether leave to appeal should be granted.
Whether the evidence, including the spectrography test and recovered tainted notes, is sufficient to sustain a conviction under the Prevention of Corruption Act.
Whether the procedural requirement of sanction under the Prevention of Corruption Act was complied with.

Legislation cited

Code of Criminal Procedure, 1973 — s. 390
Prevention of Corruption Act, 1988 — s. 13(2) r/w 13(1)(d), 7

Subjects

corruption
bribery
leave to appeal
Prevention of Corruption Act
spectrography test
special judge
criminal procedure

Judgment

15-ALS-19-2024.doc

Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by
HUSENBASHA
HUSENBASHA RAHAMAN
RAHAMAN
CRIMINAL APPELLATE JURISDICTION
NADAF
NADAF
Date:
2026.06.25
APPLICATION FOR LEAVE TO APPEAL (STATE) NO. 19 OF 2024
19:15:06 +0530

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
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

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