Mumbai, Maharashtra – A Mumbai Police Inspector, Anand Sitaram Bhoir, 43, has been granted bail by the Special Judge (under the Prevention of Corruption Act) for Gr. Mumbai. The order, issued on January 7, 2019, by His Honour Judge Shri S.J. Biyani, allows Bhoir’s release on a P.R. Bond of ₹50,000 with a solvent surety of the like amount.
Bhoir, arrested in connection with ACB C.R. No. 01/2019, had filed Bail Application No. 7 of 2019 in ACB Remand Application No. 5 of 2019. He was represented by Learned Advocate Mr. V.G. Bagade, while the State/ACB was represented by Learned APP Mr. S.E. Soshte.
Applicant’s Defense and Meritorious Service Record
Mr. Bagade argued that his client was “innocent and falsely implicated.” The defense highlighted that the complainant in the case was a “habitual complainant” who had filed numerous cases against various government officers. Crucially, it was pointed out that Police Inspector Bhoir possessed a “very good service record,” having secured approximately 150 meritorious medals for good service and receiving felicitations from the office of the Commissioner of Police and the Chief Minister on several occasions.
The application also revealed that Bhoir was the investigating officer in C.R. No. 97/2018, filed under sections of the Maharashtra Liquor Prohibition Act, in which one Nikung Patel, the complainant’s brother, was a wanted accused. Bhoir was investigating the ownership of a liquor shop named Liberty Wine Shop in that matter.
Prosecution’s Objections and Court’s Reasoning
The respondent, the Anti-Corruption Bureau (ACB), objected to the bail, stating that CCTV footage of the trap location needed to be obtained and that there was a possibility of Bhoir destroying documents related to immovable property found during a search of his farmhouse if released. The ACB also asserted that the investigation was at a “primary stage” and that Bhoir could tamper with prosecution witnesses.
However, the court, after hearing arguments from both sides and perusing the prosecution’s “say” (response), found the objections could be addressed by imposing conditions. The defense countered the concern about destroying documents by noting that the ACB’s own submission indicated they had already received these documents, rendering the “question of destroying” moot. Regarding the CCTV footage, Bhoir voluntarily submitted that he would not enter the Andheri Police Station area until the footage was received.
Judge Biyani observed that the investigating officer had indeed received documents during the search of the accused’s farmhouse. The court also took into account Bhoir’s “meritorious record of his service.” Relying on a judgment reported in 2001 BomC.R. Crime (Khemlo Sakharam Sawant V/s. State), the court concluded that no purpose would be served by keeping the accused in jail when the raised objections could be fulfilled by imposing conditions.
Bail Conditions
Upon his release, Anand Sitaram Bhoir must adhere to the following conditions:
- Appear before the investigation officer: Every Monday and Friday between 12:00 noon to 3:00 p.m. at the Anti-Corruption Bureau until the charge-sheet is filed.
- No inducement or threat: He shall not directly or indirectly induce or threaten any person acquainted with the facts of the case to dissuade them from disclosing facts to the investigation officer.
- No tampering: He shall not tamper with prosecution witnesses in any way.
Both Bail Application No. 7 of 2019 and ACB Remand Application No. 5 of 2019 have been disposed of with this order.