' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment passed by the learned Judge in Chambers upholding his conviction under section 161, P.P.C. Read with section 5(2) of the Prevention of Corruption Act, 1947 and sentence of six months' R.I. With fine of Rs,1,000 or in default one month's R.I.
2. The petitioner was charged of accepting bribe of Rs,50 and the tainted money was recovered by the Magistrate from the file which was lying in the almirah. The learned counsel for the petitioner has contended that the file was accessible to many other persons and according to defence in view of the altercation which had taken place between the petitioner and the complainant earlier, he had clandestinely placed this note in the file at that time. The contention requires consideration.
Leave is granted. The petitioner is on bail which shall continue.