1
BA 313/2021 in RA 447/2021
MHCC020053262021
IN THE COURT OF SPECIAL JUDGE,CBI FOR GR.BOMBAY
AT BOMBAY
Bail Application No. 313 of 2021
In
Remand Application No. 447 of 2021
In
RC No. 0682021 E 0006
CBI, EOB, Mumbai
(CNR No.MHCC02-005326-2021)
Jagmohan Sagar S/o. Kailash Chand
Flat No. 801, Tower No.9,
Shrikrishna Paradise Society,
Plot No.D-69, Sector 12,
Kharghar,
Navi Mumbai 400706.
(Presently in Arther Road, Central Jail)
…. Applicant/Accused No.1
V/s
CBI, EOB, Mumbai
11th Floor, CBI Building,
G Block BKC,
Bandra (East), Mumbai
….Respondent/Complainant
Appearances:
Ld. S.P.P. Shri. J.K. Sharma for CBI, EOB, Mumbai.
Ld. Advocate Shri. Prashant Mishra for the applicant/accused.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI A.S. SAYYAD
CBI SPECIAL COURT (C.R.No.52)
(IN CHARGE OF C.R.No.51)
DATE
: JUNE 22, 2021.

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BA 313/2021 in RA 447/2021
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
The applicant seeks his release on bail by way of this application
under section 439 of Cr.P.C. in connection with RC no. 0682021E0006
registered with CBI, EOB, Mumbai for the offences punishable under
sections 120-B of Indian Penal Code r/w section 7, 7(A), & 8 of the
Prevention of Corruption Act 1988 (as amended in 2018).
2.

Heard Ld. Adv. Shri. Prashant Mishra for the applicant and Ld.

SPP Shri.J.K. Sharma for CBI, EOB, Mumbai at the length of
considerable time.
Factual matrix of the case as follows:
3.

The applicant through co-accused Shri. Mahadev Kumkar
collected illegal gratifications from Importers/CHA for clearing import
consignments. The joint surprise check conducted at APM Terminal
disclosed that during the period from September 2020 to April 2021,
from the applicant, Appraiser, Customs collected about Rs.44 lakhs from
CHA/Importers/their
representatives,
through
co-accused
Shri.

Mahadev Kumkar and kept the same in his house for safe custody. The
said amount was produced by the co-accused Shri. Mahadev Kumkar to
CBI team in presence of independent witnesses. It is revealed that on the
production of the accused, the present applicant, co-accused Shri.
Mahadev Kumkar presented himself as his agent and collected cash from
CHA, their representatives for the clearance of their consignments from
CFS at APM Terminal Annex, Dronagiri. During surprise check, an
amount of Rs.50,000/-was found and recovered from the vehicle of
present applicant which was parked inside the APM Terminal. The said
amount was identified by the applicant as illegal gratifications collected
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BA 313/2021 in RA 447/2021
from CHA/Importers. The co-accused Shri. Mahadev Kumkar also
produced Rs.6830/- which he collected from representatives of CHA’s
for clearance of consignments.
4.

In the backdrop of allegations as above, representatives of 2
CHA’s gave complaint in writing that Rs. 3000/- and Rs.1500/- was paid
by them to co-accused Shri. Mahadev Kumkar at the instance of the
present applicant. It is alleged that co-accused Shri. Mahadev Kumkar
threw out Rs.36,000/- out of his collections from the agent/importers on
knowing the proceedings of CBI team at APM Terminal Annex.
5.

Resisting the application, the investigating officer Shri. Ashok
Yadav, Dy. Supdt. of Police, CBI/EOB/Mumbai has filed reply vide Exh.2
through Ld.SPP Shri. J.K. Sharma contending therein, that the offence is
serious one. There is a prima facie involvement of the present applicant
in the alleged crime. There is sufficient incriminating material revealed
during investigation against the present applicant. Investigation is at the
crucial stage now, if the applicant is enlarged on bail, probability of
hamper of the prosecution witnesses may not be ruled out. The
investigating officer therefore prayed for rejection of the application.
6.

Having heard both the sides and investigating officer of this case
Shri. Ashok Yadav. I have given my thoughtful consideration to their
submission and perused all the documents listed alongwith the
application. It appears that the present applicant allegedly accepted an
illegal
gratifications
through
co-accused
for
himself
from
the
CHA/Importers for clearing import consignments. It appears that the coaccused appears to be collected Rs.44 lakhs from the several
representatives on behalf of the present applicant. From the record it
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BA 313/2021 in RA 447/2021
appears that the co-accused was found in doing all these things for the
present applicant.
7.

One allegation which found directly against the present applicant
is that during the surprise check an amount of Rs.50,000/- was found
and recovered from the vehicle of the present applicant parked inside
the APM Terminal. The said amount was identified by the applicant as
illegal gratifications collected from representatives of the CHA. It further
appears that an F.I.R. was lodged on 10.04.2021 and on the same day he
was arrested and thereafter remanded to custody. The applicant in this
matter appears to be Central Govt. employee working on the post as
Appraiser Officer in Jawaharlal Nehru Custom House. It further appears
that the investigating officer could not be completed the investigation
within the prescribed period of limitation i.e. 60 days. The said fact
supported by the reply vide Exh.2 that the investigating officer
contended therein that final report yet to be submitted because of want
of sanction for the prosecution from the concerned department.
Meaning thereby, an investigation appears to be at the fag of end. At
the time of arrest, all incriminating material was recovered from the
applicant.
8.

The investigating officer expressed his apprehension contending
that after releasing the applicant on bail, there is a probability of
hamper the witnesses. He provided statement of two persons for perusal
of this court and for consideration of this application contending that on
behalf of this applicant, some unknown persons made attempt to
pressurize the relevant witnesses of this case that they do not to record
their statement against the present applicant. According to investigating
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BA 313/2021 in RA 447/2021
officer, at-least till filing of charge-sheet his bail application may not be
considered.
9.

Having regard the apprehension expressed by the investigating
officer, it is important to mention that he could not be completed
investigation within stipulated period, as a result one co-accused of this
matter is enlarged on default bail. The investigating officer himself
stated that charge-sheet is yet to be filed only for want of sanction of
prosecution. Meaning thereby, almost major investigation is completed
including recording the statement of relevant witnesses. There no
appears remained now any recovery or discovery from the applicant, in
such circumstances, further incarceration of the applicant appears to be
unnecessary. The fact cannot be ignored that, because of failure on the
part of prosecution in non completing investigation within period of
limitation, the co-accused in this case is already released on default bail
by virtue of order dated 18.06.2021 in criminal bail application
no.513/2021. The applicant appears to be in Govt. service and local
resident of this city. Now in the pandemic days there is no certainty of
trial regular in near future. However, apprehension of the investigating
officer can take into consideration while considering the application
subject to imposing certain stricter conditions.
10.

In view of circumstances discussed as earlier, and considering the
gravity and nature of the offence, in my considered opinion, no
prejudice will be caused to prosecution, if the applicant is enlarged on
bail subject to some stricter conditions. Hence, order ORDER
1.
Applicant/accused Jagmohan Sagar S/o. Kailash Chand in
connection with RC 0682021E0006 registered with CBI, EOB, Mumbai
be released on his execution P.R. bond of Rs.1,00,000/- (Rs. One Lakh
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BA 313/2021 in RA 447/2021
Only) with one independent solvent surety in the like amount.
2. Provisional cash bail of Rs.1,00,000/- is granted to the accused for
two months from today.
3.
Applicant/accused shall not directly or indirectly make any
inducement and/or influence and or pressurize or cause any threat or
give any promise to anybody acquainted with the facts of accusations
made against the applicant/accused, so as to dissuade such person from
disclosing such facts to the court or to the investigating agency and shall
not tamper in any manner whatsoever with the prosecution evidence
whatsoever.
4.
Applicant/accused shall furnish copy of his Aadhar card and all
other documents of his permanent residence to CBI.
5.
Applicant/accused shall not change his permanent residence and
shall not leave City of Mumbai without prior written permission of this
Court.
6.
In the event any of the condition herein being violated, the
prosecution would be at liberty to seek for cancellation of bail.
7.
Criminal Bail Application No. 313 of 2021 stands disposed off
accordingly.
(A.S. Sayyad)
Special Judge (C.B.I.),
City Civil & Sessions Court,
Gr. Bombay.

Date :22.06.2021
Dictated on
Transcribed on
Signed by HHJ on
: 21.06.2021
: 21.06.2021
: 22.06.2021
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BA 313/2021 in RA 447/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
22.06.2021 ( 12.40 p.m.)

MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)

Shri A.S. Sayyad
C.R. No.52
Date of Pronouncement of JUDGMENT/ ORDER
22.06.2021
JUDGMENT/ORDER signed by P. O. on
22.06.2021
JUDGMENT/ORDER uploaded on
22.06.2021