B.A.No. 6/19 in R.A.No. 5/19.
1
Order.
CNR NO. MHCC020001202019.
IN THE COURT OF SPECIAL JUDGE,
(CONSTITUTED UNDER THE PREVENTION OF CORRUPTION ACT)
FOR GR. MUMBAI, AT MUMBAI
BAIL APPLICATION NO. 6 OF 2019
IN
ACB REMAND APPLICATION NO. 5 OF 2019
Mr. Rambabu Jitram Yadav
Age – 23 yrs., Occ: Driver,
R/O : Hotel Anand Garden, Shop No. 5 and 6,
Shastri Nagar, Meera Road (E), Dist. Thane …Applicant/Accused No.2
Versus
The State Of Maharashtra
(At the instance of A.C.B. Worli, Mumbai
Vide C.R.No. 01/2019)
…Respondents
Appearance:
Learned Advocate Mrs. Nilima Kasture / Mr. Abhijit Mantri for
Applicant/Accused No.2.
Learned APP Mr. S.E.Soshte for State/ACB.
CORAM : HIS HONOUR JUDGE SHRI S.J.BIYANI.
SPECIAL JUDGE (UNDER P.C.ACT).
(C.R.NO.46).
DATED : 7th JANUARY, 2019.
ORDER
Perused application, say of respondent. Heard both sides.
2.
Accused/applicant submitted that he is innocent and is no
B.A.No. 6/19 in R.A.No. 5/19.
2
Order.
in anyway connected with the offence. Applicant is serving in hotel and
was parttime driver and having permanent residence on the address
mentioned in cause title. Accused is ready to abide the conditions if
imposed while considering the application.
3.
Respondent filed say and objected for the application on
the ground that accused/applicant is a person on whom accused Anand
is having confidence and present accused is having detail information
about the properties of accused Anand. If accused is released on bail,
destruction of the documents relating to the property cannot be denied.
Further investigation is at primary stage and is in progress. Therefore
prayed for rejection of application.
4.
After perusing the submission and hearing counsels, it
shows that the material ground on which objection is raised, is about
destructing the documents and that purpose can be served by imposing
certain conditions on accused and no any purpose can be served by
keeping him behind bar. Therefore in such circumstances, I found that
application is to be allowed on certain conditions and hence I pass
following order :
ORDER
1.
Bail Application No. 6/2019 is allowed.
2.
Accused Rambabu Jitram Yadav is released on bail on
furnishing P.R.Bond of Rs.50,000/ with solvent surety of like amount
on condition that accused shall remain present before investigation
officer on every Monday and Friday in between 12.00 noon to 3.00 p.m.
at Anti Corruption Bureau to facilitate investigation till filing charge
sheet and accused shall not directly or indirectly make any inducement,
B.A.No. 6/19 in R.A.No. 5/19.
3
Order.
threat to any person acquainted with the facts of case so as to dissuade
him from disclosing such facts to investigation officer and shall not
tamper prosecution witnesses in any way.
3.
Accused to submit his ID proof.
4.
B.A.No. 6/2019 is disposed of accordingly.
5.
R.A.No. 5/2019 is disposed of accordingly.
(S.J.BIYANI)
Spl. Judge under
P.C.Act, Gr.Mumbai.
Date : 07/01/2019.
1. Dictated on
2. Transcribed on
3. Signed on
4. Delivered to Certified
Copy Section on
: 07/01/2019.
: 07/01/2019.
: 07/01/2019.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
B.A.No. 6/19 in R.A.No. 5/19.
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Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
07/01/2019. 5.25 p.m.
NAME OF STENOGRAPHER
Miss M.A.Kulkarni
Name of the Judge (with Court Room no.)
HHJ Shri S.J.Biyani.
(Court Room No.46).
Date of Pronouncement of Judgment/Order 07/01/2019.
Judgment/Order signed by P.O. on
07/01/2019.
Judgment/Order uploaded on
07/01/2019.