Lord Reid.-On 19th June, 1946, the appellants were convicted and sentenced by the Chief Presidency Magistrate,

Bombay. The charge against the 1st appellant was that he, being a public servant, accepted a sum of Rs. 15,000 for

forbearing to prosecute a metal merchant named Vakharia and thereby committed an offence punishable under section

161 of the Indian Penal Code. The 2nd appellant was charged with abetting that offence. An appeal by the 1st appellant

to the High Court at Bombay was dismissed on 20th March, 1947. It appears from the judgment of Stone, C.J., that

there were two grounds of appeal: first that the whole proceedings were invalid because no sanction had been given

under section 197 of the Criminal Procedure Code and secondly an appeal on the facts. The 2nd appellant did not

appeal to the High Court, but notice of enhancement of sentence was given to him and his sentence was increased on

20th March, 1947. On 21st April, 1947, a petition for special leave to appeal was lodged by the 1st appellant. In this

petition no reference was made to anything which had occurred before 15th March, 1944, when the charge against the

appellant was framed by the Chief Presidency