BA No.476/2023
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Order
IN THE COURT OF SPECIAL JUDGE, C.B.I. AT GREATER BOMBAY
BAIL APPLICATION NO. 476 OF 2023
( CNR NO.: MHCC02­008217­2023 )
IN
REMAND APPLICATION NO. 693 OF 2023
[RC 026/2023/A0025­CBI, ACB,MUMBAI]
Rashesh Joshi,
Age: Adult,
R/o: Suman Apartments,
E­4, Shankar Lane, Kandivali,
(West), Mumbai ­400 067.

…Applicant/Accd. no.3
V/s.
CBI, ACB, Mumbai.

…Respondent/State.

Appearance:­
Mr. N.D. Gorge Advocate for applicant/accused.
Mr. Ashish Bilgaiyan for C.B.I./ACB Respondent.
CORAM : S.M.MENJOGE SPECIAL JUDGE
CBI SPECIAL COURT
(Court Room No. 50)
DATE :
12th June, 2023.

ORDER
1.

This is an application filed by applicant/accused Rashesh Joshi
439 of Cr.P.C.1973, in R.C. No. 026/2023/ A0025­CBI ACB Mumbai
U/sec of IPC, register. 7,7A,12 of P.C.Act read with Sec. 120 B of Indian
Penal Code.
Facts in brief are as under :­
BA No.476/2023
2.

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Order
Case of prosecution is that Rajesh Rane is working as freight
forwarding agent Mumbai. He had demanded bribe of Rs.20,000/­ to
complainant for clearing consignment from Air Cargo Complex Mumbai,
for and on behalf of Penter Jayaswal, a examiner in custom department
Air Cargo Mumbai. Hence, trap was laid on 30.5.2023. Rajesh Rane was
caught red handed while accepting and demanding Rs.12,000/­ from
complainant. It is case of prosecution that Rajesh Rane who is freight
forwarder, demanded bribe of Rs.20,000/­ on the behalf of
Penter
Kumar Jayaswal. It was confirmed that Rajesh Rane paid the amount of
Rs.12,000/­ after settlement, to Penter Jayaswal, for clearance of goods
of complainant. Rs. 5000/­ were paid to the applicant Suraj Kadam for
and on the behalf of Shri. Jayaswal. Applicant is custom broker and he
has not followed CBLR 2018 by not advising client to follow provisions
of Custom Act. Based on these allegations, offence came to be registered
against applicant and others.
3.

Mr. N.D. Gorge Advocate for the applicant submitted that accused
is innocent and has not committed any offence. Applicant is in jail since
2.6.2023. As a custom house agent, he role came to an end when goods
were cleared by custom officer. No purpose would be served by keeping
the applicant in the jail. Hence, he prayed to release the applicant on
bail.
4.

Mr. Ashish Bilgaiyan, APP for the State strongly opposed the
application on various grounds and prayed for rejection of bail
application.
5.

I perused Case diary and heard the Advocate for the applicant and
BA No.476/2023
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Order
A.P.P. for the State. I have gone through the Law laid down in respect of
grant or refusal of bail, in following cases by the Hon’ble Supreme Court
:
1]
Sanjay Chandra ­Vs­ C.B.I., 2011 (13) SCALE 107,
(2012) 1 SCC 40;
2]
Moti Ram ­Vs­ State of M.P., (1978) 4 SCC 47;
3]
Babu Singh ­Vs­ State of U.P., (1978)1 SCC 579;
4]
Vaman Narain Ghiya ­Vs­ State of Rajasthan, (2009) 2 SCC
281;
5]
Siddharam Mhetre ­Vs­ State of Maharashtra, (2011) 1 SCC
694,
6]
VivekKumar­Vs­ State of U. P., (2000) 9 SCC 443;
7]
Prahlad Singh Bhati ­Vs­ NCT, Delhi, (2001) 4 SCC 280;
8]
State of U.P. ­Vs­ Amarmani Tripathi, (2005) 8 SCC 21;
9]
Prahlad Singh Bhati .Vs. NCT, Delhi (2001)4 SCC 280
10]
Gurcharan Singh .Vs. State (Delhi Admn.) (1978)1 SCC118.

11]
Kalyan Chandra Sarkar .Vs. Rajesh Ranjan (2004) 7 SCC 528
12]
Ram Govind Upadhyay .Vs. Sudarshan Singh (2002)3 SCC 98
13]
Puran .Vs. Rambilas (2001) 6 SCC 338.

14]
Neeru Yadav .Vs. State of UP,AIR 2015 SC 3703
15]
Sharad Kumar..Vs…C.B.I, MANU/DE/2374/2011
17]
Bhadresh .Vs. state of Bihar , (2016)1SCC 152
18]
Bharat Choudhary .Vs. State of Bihar (2003) 8 SCC 77
19]
Munish Bhasin .Vs. State (NCT), (2009)4 SCC 45
20]
Niranjan Singh .vs. Prabhakar Kharote AIR 1980 SC 785,
21]
State of M.P. .Vs. RamKishna Balothia AIR 1995 SC 1198
BA No.476/2023
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Order
22]
Pokar Ram .Vs. State of Raj.AIR 1985 SC 969
23]
Samunder Singh .Vs. State of Raj. AIR 1987 SC 737
24]
Ravindra Saxena .Vs. State of Raj. (2010)1 SCC 684
25]
Pravinbhai Patel .Vs. State of Gujarat (2010)7 SCC 598
26]
Ram Govind Upadhay .Vs. Sudarshan Singh (2002) 3 SCC 8,
27]
State of Mah. .Vs. Anand Dighe AIR 1990 SC 625,
28]
Anil Kumar Tulsiyani .Vs. State of U.P. (2006)9 SCC 425)
29]
Sushila Aggarwal vs State ( NCT) (2020) 5 SCC 1
30]
Arnab Goswami vs State of Mah. (2020) ALL MR( Cri) 4347
31]
Mohammad Zubair vs State of NCT,Cri.W.P.279/ 2022 (SC)
32]
Satender Kumar Antil vs CBI SLP(Cri) 5191/2021( SC)
Dt.11.7.2022
and considered following factors while deciding this bail application :
(i)
Whether there is any prima facie or reasonable ground to believe
that the accused had committed the offence;
(ii)
Nature and gravity of the charge;
(iii)
Severity of the punishment in the event of conviction;
(iv)
Danger of the accused absconding or fleeing, if released on bail;
(v)
Character, Behaviour, Means, Position and Standing of the
accused;
(vi)
Likelihood of the offence being repeated.

(vii) Reasonable apprehension of the witnesses being tampered with
and
(viii) Danger of justice being thwarted by grant of bail.

BA No.476/2023
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Order
In the light of law laid down in above cases, I perused the Case
diary. On perusal of the same, it is found that, this trap case by ACB.
Amount is recovered from Rajesh Rane. Consignment of complainant
was already cleared before trap was laid. Offence is not punishable
with death or life imprisonment. All the conversations between the
accused and complainant are recorded in DVR which is in possession of
the ACB. Role attributed to applicant is that Penter Jayaswal demanded
bribe to Rajesh Rane through this applicant Rashish Joshi who is custom
broker. Hence, there is no question of tampering of evidence by
applicant. Applicant is arrested on 30.5.2023 and since then he is in
custody.
Considering all above facts on record, I have come to conclusion
that applicant accused is entitled for bail Hence, I pass following order.
ORDER
1.

Bail Application No. 476/2023 is hereby allowed.

2.

Applicant/accused namely Rashesh Joshi, in R.C. No. 026/2023/
A0025­ U/sec. 7,7A,12 of P.C. Act read with Sec. 120 B of Indian Penal
Code registered at CBI ACB Mumbai, shall be released on bail on
executing PR Bond of Rs.20,000/­ (Twenty Thousand only) with one or
two sureties of the like amount on the conditions that :­
a)
He shall not pressurize the prosecution witnesses in
any manner.

b)
He shall not commit any offence while on bail.

c)
He shall attend the dates of Court regularly unless
exempted by the Court.

d)
He shall furnish his correct address to the
investigating officer.

BA No.476/2023
e)
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Order
He shall surrender his passport in the office of CBI, ACB,
Mumbai and shall not leave India without permission of
Court.

3.

He be released on provisional cash bail of Rs.20,000/­. Duration
of provisional cash bail shall be of four weeks.

4.

Bail Application No. 476/2023 is disposed of accordingly.
Digitally signed
by SHASHANK
MANOHARRAO
SHASHANK
MANOHARRAO MENJOGE
MENJOGE
Date:
2023.06.12
16:54:48 +0530
Date: 12.06.2023
(S.M.Menjoge)
CBI Special Judge
City Civil & Sessions Court,
Gr. Bombay.

BA No.476/2023
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Order
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
12.06.2023.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room S.M. MENJOGE
No.)
(CR.No.50)
Date of Pronouncement of ORDER
12.06.2023
ORDER signed by P.O. on
12.06.2023
ORDER uploaded on
12.06.2023