1. Rule. Returnable forthwith.

2. Heard Finally with consent of parties.

3. The State of Maharashtra has filed this petition against the order passed by the Special Judge under the Prevention of Corruption Act, whereby he discharged the non-applicant/accused.

4. A few facts may be stated thus - Respondent/accused was appointed as Additional Public Prosecutor and Assistant Government Pleader by Government of Maharashtra by Notification dated 11th September, 1992 for a period of one year. As an Additional Public Prosecutor, he was conducting Sessions Case No.68/96 before the Additional Sessions Judge, Washim. It is alleged that during the course of his duty as Additional Public Prosecutor (for short A.P.P.), he demanded from one Sunil Ingle a bribe of Rs.2000/-. Sunil Ingle informed the Anti-Corruption Bureau (A.C.B.) and a trap was laid. A charge-sheet was thereafter filed against him. He applied to the Special Judge to discharge him and Special Judge has granted the application. He is discharged mainly on the ground that he is not a public servant.

5. I have heard Shri Y.B. Mandpe, Additional Public Prosecutor for the State and Shri S.G. Loney, Advocate for the non-ap