Mumbai, Maharashtra – In a direct directive from the Honourable High Court, Lahu Laxman Pokharkar, a 47-year-old individual accused in a case under the Prevention of Corruption Act, has been granted bail. The order, issued by Special Judge (Under P.C. Act) Shri S.J. Biyani (C.R. No. 46) on January 17, 2019, follows specific instructions from the High Court in a related criminal appeal.
Pokharkar, a resident of Marol Police Colony, Andheri (E), Mumbai, was the original accused in ACB Special Case No. 42 of 2015, arising from C.R. No. 71/2014 registered with A.C.B. Worli. The present bail application (ACB Bail Application No. 40 of 2019) was filed in the context of Criminal Appeal No. 37 of 2018 and ACB Miscellaneous Application No. 95 of 2019.
High Court’s Directive: Leave Granted, Appeal Admitted, Bail Mandated
The core of the Special Judge’s order rests entirely on the clear directions issued by the Honourable High Court on May 3, 2018, in Criminal Application No. 37/2018. The High Court’s order, as cited in the Special Judge’s bail order, explicitly stated:
- “Heard the learned counsel for the applicant.”
- “Leave granted.”
- “Appeal be numbered.”
- “Appeal admitted.”
- “Action against Respondent under Section 390 of the Cr.P.C. The procedure for bail be completed before the Trial Court. The Trial Court is directed to release the respondent on bail on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.”
This directive from the High Court essentially pre-empted any detailed arguments on the merits of the bail application by the Special Judge, as the mandate for bail was already established. Learned Advocate Mr. Mantri, holding for Mr. V.G. Bagade, appeared for Pokharkar, while Learned APP Mr. S.D. Gonsalvis represented the State/Respondent.
Bail Granted with Provisional Cash Option
In adherence to the High Court’s instructions, Special Judge Biyani issued the following order:
- Lahu Laxman Pokharkar is to be released on bail upon furnishing a Personal Recognizance (PR) bond of ₹25,000 with one or two solvent local sureties for the like amount.
- A provisional cash bail is accepted in lieu of surety for a period of four weeks. This provision offers immediate relief to the accused, allowing him time to arrange for the required solvent sureties.
The ACB Bail Application No. 40 of 2019 has been disposed of accordingly. This case exemplifies a scenario where a higher court’s intervention directly impacts the proceedings in a lower court, ensuring the release of an accused person on bail during the pendency of an appeal.