( 1 ) THIS appeal arises out of the judgment of acquittal u/s. 5 (1) (d), read with S. 5 (2) of the Prevention of Corruption Act, 1955, and also u/s. 161 of the Indian Penal Code, by the Fourth Additional Sessions Judge (Special Judge), Jabalpur in Special Criminal Case No. 1 of 1982, decided on 17-4-1982.

( 2 ) THE respondent Vishnu Prasad Babele was prosecuted on the allegation that, on 15-3-1980, while working as Reader to the Executive Magistrate, accepted Rs. 50/- as bribe from Shri P. K. Tiwari (P. W. 1), Advocate, and Shri M. A. Khan ( P. W. 2), Advocate, for releasing one Ganesh Prasad son of Shambhoo Prasad, who was apprehended under S. 107/116 of the Code of Criminal Procedure, on bail. The aforesaid Advocates were appearing for Ganesh Prasad and had applied for grant of bail on 13-5-1980. The said Ganesh Prasad was not released on 13-5-1980, but was sent to the jail. It is alleged that on 14-5- 1980, two other accused persons were released, but not Ganesh Prasad, because the bribe was not given as demanded. The Advocates requested the Presiding Magistrate Shri U. D. Chaube (P. W. 6) to pass in order for release of Ganesh Prasad, but the Presiding Magistrate