1
B.A.No.918/2024 in ACB R.A.No.1081/2024
CCNR NO.MHCC02-017022-2024
IN THE COURT OF SPECIAL JUDGE,
(CONSTITUTED UNDER THE PREVENTION OF CORRUPTION ACT,
1988)
FOR GREATER BOMBAY AT MUMBAI
BAIL APPLICATION NO.918 OF 2024
IN
ACB REMAND APPLICATION NO.1081 OF 2024
IN
(CRIME NO.28 OF 2024)
Mangesh Namdev Rakshe
Age: 42 years,
Occupation: Service,
Residing at Room No.18, Pant Nagar
Railway Police Colony, Ghatkopar,
Mumbai – 400 075.

]
]
]
]
]
] …Applicant/accused.

V/s.
The State of Maharashtra
At the instance of ACB, Worli Unit,
Mumbai.

]
]
] …Respondents
Appearances :Mr. Lade, Ld. A.P.P. for the State.
Advocate Mrs. Meera Barge for applicant/accused.

- 2 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
CORAM:
DATED:
H.H. THE SPECIAL JUDGE
UNDER P.C. ACT
S.B. JOSHI
(C.R. No.46).
19th NOVEMBER, 2024.
ORDER
Read Bail Application filed by applicant/accused Mangesh
Namdev Rakshe, resident of Residing at Room No.18, Pant Nagar
Railway Police Colony, Ghatkopar, Mumbai – 400 075 under Section
187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Old Section 167
(ii) of Cr.P.C.) praying for releasing him on bail as no Charge-sheet has
been filed under Section 7 of Prevention of Corruption Act, 1988
(hereinafter referred as “PC Act” for short) within stipulated period
provided under Section 187 of BNSS, i.e. 60 days.
2.

According to prosecution story, the applicant has made
demand of Rs.7,000/- towards bribe for getting release the vehicle
license and for not initiating criminal action for the accident took place
with the vehicle. According to prosecution, the applicant has tried to
receive the bribe amount of Rs.7,000/-. Thus, the crime in question
came to be registered for the commission of offence under Section 7 of
the P.C. Act.
3.

The applicant/accused moved this application on the
ground that the allegations made against him are false and baseless. He
has been remanded before the Court on 13.09.2024 and it was for the
prosecution to file the charge-sheet during the prescribed period i.e. 60
days from the date of his production before the Court but up-till no
charge-sheet is filed against him in the Court and therefore, as per
Section 187 of BNSS 2023 indefeasible right has been accrued in his
favour to claim default bail. The investigation is almost completed. He
- 3 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
is resident of Mumbai and is employee of Police Department and
discharging his duty at Kashigaon Police Station which comes in District
Thane. There is no possibility of his flee away from justice and ready to
cooperate with the Investigating Authority. Thus, according to applicant
he is entitled for default bail and he be released on bail for not filing
charge-sheet within stipulated period.
4.

The Investigating Officer filed say vide Exh.2 and also Ld.

APP present filed same copy of say under his signature Exh.3. The
contents of the say filed by them both are one and the same. The say on
behalf of the prosecution speaks that still investigation is going on and
technical as well as other evidence is yet to be collected. If the accused
is released on bail then possibility of tampering with the evidence or
destroying the same cannot be ruled out. The statements of some of the
employees from the office of the applicant/accused are yet to be
recorded. It is specifically contended that they will file charge-sheet
against the accused.
5.

On the bail application, there is endorsement of the
registering/institution section contending that no charge-sheet is filed
till 3.35 p.m. on 13.11.2024. Admittedly, present application is filed on
13.11.2024.
6.

In this application the applicant has contended that he has
filed one bail application bearing No.4268/2024 before the Hon’ble
High Court and he undertakes to withdraw the same.
7.

The charge-sheet is not filed in this case as per the report
of the office as well as the submission made by the Ld. counsel for the
applicant, Investigating Officer and the APP.

- 4 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
8.

Heard the learned counsel for the applicant as well as the
Ld. APP and Investigating Officer present. They both submitted on the
same lining as per their rival contentions. In the light of rival
submissions by the parties following points arise for the determination
of the Court and finding thereon are given for the reason stated
therein:
NOS.
1.

POINTS
FINDINGS
Whether the applicant Mangesh Namdev ….In the affirmative
Rakshe is entitled for default bail under
Section 187 of B.N.S.S. as prayed ?

2.

What order ?

…As per final order.
REASONS
AS TO POINT NOS.1 And 2:
9.

According to Ld. counsel for the applicant, the crime in
question is registered against the applicant/accused for the commission
of the offence under Section 7 of the P.C. Act. The applicant/accused
came to be arrested on 13.09.2024 at about 10.05 a.m. and on the very
same day the applicant/accused came to be produced before the Court
praying for granting Police Custody. The offence under Section 7 of the
Prevention of Corruption Act, provides punishment with imprisonment
for a term which shall not be less than three years but which may
extend to seven years and shall also be liable to fine. The provision of
Section 187 of BNSS comes into picture for not filing Charge-sheet
within 60 days of the arrest (i.e. 13.09.2024) under Section 7 of the
P.C. Act.

- 5 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
10.

The applicant/accused has filed undertaking Exh.4 through
his counsel stating that Bail Application No.4268 of 2024 moved before
the Hon’ble Bombay High Court is going to be withdrawn.
11.
the
Later on during the course of argument, this Court directed
learned
counsel
for
the
applicant
that
Bail
Application
No.4268/2024 which is filed before the Hon’ble High Court is pending
before the Hon’ble High Court and therefore, as submitted by her, she
shall put material showing that said bail application before the Hon’ble
High Court had been withdrawn or finally disposed of, at first then and
then this matter/Bail Application shall be proceeded in accordance with
law and on merit. Pursuant this, the Ld. counsel for the applicant
placed pursis Exh.5 stating that the Bail Application No.4268/2024
preferred by the applicant pending before the Hon’ble High Court has
been withdrawn by order dated 18.11.2024 passed by the Hon’ble High
Court. The copy of said order passed by the Hon’ble High Court is at
Exh.6. The perusal of the same shows that the Bail Application
No.4268/2024 has been disposed of as withdrawn.
12.

Ld. APP and Investigating Officer present submitted in
accordance with their respective say given on this application.
13.

In this backdrop, initially FIR has been instituted against
the applicant/accused for the commission of the offence under Section
7 of the P.C. Act and it was registered on 13.09.2024. Admittedly, the
applicant had moved bail application Exh.4 as well as another Bail
Application No.759 of 2024 for grant of regular bail but the said
applications came to be rejected on 18.09.2024 and 30.09.2024
respectively on ground that the investigation which is in progress, will
tamper and possibility of putting pressure on the witnesses cannot be
- 6 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
ruled out and investigation is not completed, therefore, the applicant is
not entitled for grant of regular bail.
14.

The Ld. APP and IO both fairly conceded that charge-sheet
in this crime is not filed on the date of application i.e. on 13.11.2024
and also up-till today no charge-sheet is filed in this crime. According
to them, sanction to lodge prosecution against the accused is yet to be
received by ACB Office.
15.

Since the offence under Section 7 of P.C. Act provides
punishment with imprisonment for a term which shall not be less than
three years but which may extend to seven years and shall also be
liable to fine, as sub clause (ii) of sub Section (iii) of Section 187 of
BNSS 2023, the period for filing charge-sheet in such case is of 60 days.
16.

Admittedly, the charge-sheet in this crime is not filed till
filing this application by the accused or it is not filed up-till passing this
order. The Investigating Officer present before the Court also submitted
to that effect.
17.

In support of her submission, the Ld. counsel for the
applicant relied on the decision in the case of Enforcement Directorate,
Government of India Vs. Kapil Wadhawan & Anr. Etc. in Criminal
Appeal Nos.701-702 of 2020 dated 27.03.2023 and relied upon para
No.50 therein which runs as under:
“Since there exists vacuum in the application
and details of Section 167 CrPC, we have
opted for an interpretation which advances
the cause of personal liberty. The accused
herein were remanded on 14.05.2020 and as
- 7 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
such, the charge-sheet ought to have been
filed on or before 12.07.2020 (i.e. the sixtieth
day). But the same was filed, only on
13.07.2020 which was the 61st day of their
custody. Therefore, the right to default bail
accrued
to
the
accused
persons
on
13.07.2020 at 12.00 AM, midnight, onwards.
On that very day, the accused filed their
default bail applications at 8:53 AM. The ED
filed the charge-sheet, later in the day, at
11:15 AM. Thus, the default bail Applications
were fixed well before the charge-sheet. In
Ravindran (supra) and Bikramjit (supra),
which followed the Constitution Bench in
Sanjay Dutt (supra) it was rightly held that if
the accused persons avail their indefeasible
right
to
default
bail
before
the
charge-sheet/final report is filed, then such
right
would
not
stand
frustrated
or
extinguished by any such subsequent filing.
We therefore declare that the stipulated
60/90 day remand period under Section 167
CrPC ought to be computed from the date
when a Magistrate authorizes remand. If the
first day of remand is excluded, the remand
period, as we notice will extend beyond the
permitted 60/90 days’ period resulting in
unauthorized detention beyond the period
envisaged under Section 167 CrPC. In cases
where the charge-sheet/final report is filed
- 8 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
on or after the 61st / 91st day, the accused in
our considered opinion would be entitled to
default bail. In other words, the very moment
the stipulated 60/90 day remand period
expires, an indefeasible right to default bail
accrues to the accused.”
18.

The perusal of the above decision more particularly the
contents of the para No.50 therein it is observed that the accused was
remanded 14.05.2020 and the charge-sheet was to be filed on or before
12.07.2020 (i.e. the sixtieth day). But at time of filing of the
application by the accused for granting him default bail no charge-sheet
was filed which came to be filed on 61 st day of his custody. Therefore,
right to default bail accrued the applicant on 13.07.2020 at 12:00 AM
midnight, onwards. Thus, the default bail Applications were filed well
before the charge-sheet. By referring the decision in Ravindran and
Bikramjit, it has observed that, it was rightly held that if the accused
persons avail their indefeasible right to default bail before the chargesheet/final report is filed, then such right would not stand frustrated or
extinguished by any such subsequent filing and it is also observed that
the stipulated period of 60/90 day is to be computed from the date
when a Magistrate authorizes remand.
19.

In the matter in hand, at the cost of repetition as stated
above, the facts are similar one. Admittedly, the period of 60 days for
filing charge-sheet was completed on 12.11.2024 and the present
application is moved on 14.11.2024 under Section 187 of BNSS and
the Investigating Officer has not filed the charge-sheet till then or even
thereafter or till passing this order. Also in view of pursis Exh.5 duly
signed by the learned counsel for the applicant coupled with copy of
- 9 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
order dated 18.11.2024 (Exh.6) passed by the Hon’ble High Court, the
Bail Application No.4268/2024 filed by the applicant pending before
the Hon’ble High Court has been disposed of as withdrawn. Therefore,
the submission made by the learned counsel for the applicant being
coupled with the observation in the case of Enforcement Directorate,
Government of India (supra) and in view of legal position on the
default bail the present application deserves to be considered.
Therefore, in view of settled position of law in respect of indefeasible
right to bail as provided under Section 187 of BNSS, the right to bail
accrues to the present applicant on his moving application for grant of
such relief/bail. So his statutory right for indefeasible bail shall not be
defeated till the charge-sheet is submitted. So after expiry of stipulated
period as provided under Section 187 of the BNSS, 2023 (Old Section
167 (ii) of Cr.P.C.), the applicant is entitled to get released on bail on
account of default on the part of Investigating Agency in completing
the investigation and filing the charge-sheet with stipulated period of
60 days. As such, applicant is entitled for default bail under Section
187 of BNSS, 2023. Hence, point No.1 is answered in the affirmative.
20.

In the light of aforesaid reasoning and finding on point
No.1 as above, application deserves to be allowed but by imposing
certain conditions. Hence, point No.2 is answered as per the following
order:
ORDER
1.

Bail Application No.918 of 2024 moved by applicant/accused
Mangesh Namdev Rakshe in RA No.1081/2024 arising out of
C.R.No.28/2024 for the offence punishable under Section 7 of
Prevention of Corruption Act, 1988 for grant of default bail is
hereby allowed on conditions as under:
- 10 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
(i) Applicant/accused Mangesh Namdev Rakshe be released on
bail on executing PB and SB Rs.50,000/- (Rupees Fifty
Thousand Only) with one or two solvent surety/sureties of like
amount.
(ii) The applicant/accused is permitted to furnish provisional
cash bail of Rs.50,000/- (Rupees Fifty Thousand Only) for a
period of eight weeks.
(iii) The Registrar, Session Department is directed to accept
cash surety and it be kept in Fixed Deposit Receipt (FDR) till
further order.
(iv) The applicant/accused shall not leave India without prior
permission of this Court and shall deposit his passport, if any,
with the respondent/Investigating Authority within seven days of
his release from jail.
(v) Applicant/accused shall attend the police station/ACB office
once in any Saturday in a fortnight till conclusion of the trial as
and when asked by the Investigating Officer under intimation in
writing to him.
(vi) The applicant/accused shall not tamper with the
investigation or prosecution witnesses or informant in any
manner till conclusion of the trial.
(vii) The applicant/accused shall furnish his detail residential
address and contact details alongwith copy of Aadhar Card, Pan
Card, Driving License and shall not change in those in future, if
any, without intimation to the Police Station/ACB office.
(viii) The applicant shall not directly or indirectly make any
inducement, threat, or promise to any person acquainted with
the facts of the accusation against them so as to dissuade them
from disclosing facts to the Court or police officials/Respondent.
(ix) The applicant/accused shall not commit any offence
similar to the offence of which he is suspected.
2.

The breach of any one of the above conditions will be liable
cancellation of bail.

3.

The respondent/Investigating Officer to take note accordingly.

for
- 11 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
4.

Bail application No.918 of 2024 stands disposed of.
SANJAY
BHALCHANDRARAO
JOSHI
Date:-19/11/2024
Dictated on
Transcribed on
Signed on
Sent to Dept. on
Digitally signed by
SANJAY
BHALCHANDRARAO
JOSHI
Date: 2024.11.19
17:31:21 +0530
(S.B. JOSHI)
Special Judge, under P.C. Act
City Sessions Court for Greater Bombay
at Mumbai.

: 19/11/2024
: 19/11/2024
: 19/11/2024
:
- 12 – B.A.No. 918/2024 in ACB R.A.No.1081/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
19/11/2024 at 5.29 p.m.

NAME OF STENOGRAPHER
Subhash Sukhdeo Poul
Name of the Judge ( With H.H.J. Shri. S.B. Joshi
Court Room No.)
(Court Room No.46)
Date of Pronouncement of 19/11/2024.
JUDGMENT/ORDER
JUDGMENT/ORDER signed 19/11/2024.
by
P.O. on
JUDGMENT/ORDER
uploaded on
19/11/2024.