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BA 312-18RA459/18
IN THE COURT OF SPECIAL JUDGE,
(APPOINTED UNDER THE PREVENTION OF CORRUPTION ACT)
FOR GR. MUMBAI, AT MUMBAI
BAIL APPLICATION No. 312 OF 2018
In
REMAND APPLICATION NO. 459 OF 2018
Shaileshkumar Mahadev Kambli
… Applicant/accused
V/s.
The State of Maharashtra (at the instance
of Anti Corruption Bureau Mumbai
C.R.No. 17/18)
Appearance
Coram :
Date :
… Complainant/Respdt.

Ld.Adv.Mr.Karde for the applicant/accused
Ld. APP Mr. Gonsalves for the State/Respondent.
D.K. Gudadhe, Special Judge (C.R.No.46)
27th April, 2018
Order
1.

This is an application filed by the applicant/accused to
release him on bail.
2.

According to him, he came to be arrested by the officers of
Anti Corruption Bureau, Mumbai Unit, for the commission of the
offences punishable under Secs. 7, 13 (2) read with 13 (1) (d) of the
Prevention of Corruption Act. However, he is innocent. Furthermore,
investigation is almost over. In addition to this, there is no chance of
his fleeing away from the justice and therefore, he be released on bail.
3.

Prosecution opposed the application on a ground that the
investigation is in primary stage. Statement of witnesses are yet to be
recorded and accused did not co­operate to the Investigating Officer in
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BA 312-18RA459/18
respect of revealing the name of accomplice. Hence, bail application be
rejected.
4.

On perusal of the remand papers, it is seen that today itself
police custody prayed for making investigation on this point only, but
same came to be rejected for a reason that such custody is not
necessary. Therefore, what is required to be seen, whether the accused
would remain present for the trial and he would not tamper the
prosecution witnesses.

But on this point, there is no say of the
prosecution. Furthermore, in a type of case in question i.e. trap matter,
generally the witnesses are Government servant and therefore, there is
less likelihood of them being influenced by the accused. In addition to
this, accused is a permanent resident of Mumbai itself and he is in
service of Mumbai Municipal Corporporation. Therefore, there is less
likelihood of his fleeing away from the justice.
5.

Thus, considering the all above points, I am view that
accused can very will be released on bail.

Accordingly, I proceed to
pass order in following terms:
Order
1. Accused be released on his furnishing P.R. Bond of Rs.25,000/­,
(Rupees Twenty Five thousand only), with one or two sureties in the
like amount.
2. Accused to attend Anti Corruption Bureau Mumbai, on everyday till
7 days from 11.00 a.m. to 1.00 p.m., and Co­operate the Investigating
officer for further investigation, if any.
3. He is directed not to win over the witness or prosecution evidence in
any manner whatsoever.

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BA 312-18RA459/18
4. He is also directed to attend Anti Corruption Bureau Mumbai, as and
when called by the Investigating Officer in respect of the crime in
question.
5
Bail application No. 312/18 is disposed of accordingly.

(D.K. Gudadhe)
Date 27.04.2018
Dictated on
Transcribed on
Signed on
: 27.04.2018
: 27.04.2018
: 27.04.2018
Special Judge under
P.C. Act, Gr..Mumbai.

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BA 312-18RA459/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME
:
.04.2018
NAME OF STENOGRAPHER
:
S.S.BATHE
. P.M.

Name of Judge (with Court Room No.)

Shri D.K. Gudadhe
(C.R.No.46)
Date of Pronouncement of
JUDGMENT /ORDER
27.04.2018
JUDGMENT /ORDER signed by P.O. on 27.04.2018
JUDGMENT /ORDER uploaded on
27.04.2018