Mumbai, Maharashtra – Mangesh Namdev Rakshe, a 42-year-old police constable accused in a bribery case, has been granted default bail by the Special Judge under the Prevention of Corruption Act. The order, issued on November 19, 2024, by Special Judge S.B. Joshi (C.R. No. 46), cited the prosecution’s failure to file a charge-sheet within the stipulated 60-day period as per Section 187 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (formerly Section 167(2) of Cr.P.C.).
Rakshe, a resident of Pant Nagar Railway Police Colony, Ghatkopar, was arrested in connection with C.R. No. 28 of 2024, registered with the ACB, Worli Unit, Mumbai, for an alleged offense under Section 7 of the Prevention of Corruption Act, 1988.
Background of the Case and Bail Application
The prosecution’s case alleges that Rakshe demanded a bribe of ₹7,000 to release a vehicle license and to prevent criminal action following a road accident involving the complainant’s vehicle. He is accused of attempting to receive this bribe amount.
Rakshe’s advocate, Mrs. Meera Barge, argued that the allegations against her client are false and baseless. She highlighted that Rakshe was remanded on September 13, 2024, and despite the 60-day period for filing the charge-sheet having expired, no charge-sheet had been filed. This, she contended, automatically granted Rakshe an “indefeasible right” to default bail. She also noted that Rakshe is a permanent resident of Mumbai and a police employee at Kashigaon Police Station (Thane District), making him unlikely to abscond.
The Investigating Officer and Ld. APP Mr. Lade, representing the State, opposed the bail, stating that the investigation was still ongoing, with technical and other evidence yet to be collected. They expressed concerns that Rakshe, if released, might tamper with evidence or influence witnesses. They also mentioned that statements of some of Rakshe’s colleagues were yet to be recorded.
Court’s Rationale: The Right to Default Bail
Special Judge Joshi acknowledged that the charge-sheet had indeed not been filed by November 13, 2024, the date the bail application was moved, nor had it been filed by the time the order was passed. The court also took note of an undertaking by Rakshe’s counsel that a similar bail application previously filed before the Bombay High Court (Bail Application No. 4268/2024) had been withdrawn on November 18, 2024, allowing this application to proceed.
The court’s decision hinged on the legal principle established by Section 187 of the BNSS, 2023. As the offense under Section 7 of the PC Act carries a punishment of imprisonment between three and seven years, the stipulated period for filing a charge-sheet is 60 days from the date of arrest (September 13, 2024). This 60-day period expired on November 12, 2024.
Referring to the Supreme Court’s decision in Enforcement Directorate, Government of India Vs. Kapil Wadhawan & Anr. Etc. (Criminal Appeal Nos. 701-702 of 2020, dated March 27, 2023), the court reaffirmed that “the very moment the stipulated 60/90 day remand period expires, an indefeasible right to default bail accrues to the accused.” Since Rakshe’s application for default bail was filed on November 14, 2024, after the 60-day period had lapsed, his statutory right to bail could not be defeated by the subsequent filing of a charge-sheet.
Bail Conditions
Despite the prosecution’s objections regarding potential tampering, the court ruled that Rakshe’s statutory right to default bail had accrued. Accordingly, Rakshe has been granted bail on the following conditions:
- He must execute a Personal Bond and Solvent Bond (PB and SB) of ₹50,000 with one or two solvent sureties of the like amount.
- He is permitted to furnish provisional cash bail of ₹50,000 for a period of eight weeks, with the Registrar of the Session Department directed to keep this cash surety in a Fixed Deposit Receipt (FDR) until further orders.
- He shall not leave India without prior permission of the court and must deposit his passport, if any, with the Investigating Authority within seven days of his release.
- He shall attend the police station/ACB office once every fortnight on any Saturday until the conclusion of the trial, as and when required by the Investigating Officer, with written intimation.
- He shall not tamper with the investigation, prosecution witnesses, or informant in any manner until the conclusion of the trial.
- He must furnish his detailed residential address and contact details, including copies of his Aadhar Card, Pan Card, and Driving License, and not change them without informing the Police Station/ACB office.
- He shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the accusation so as to dissuade them from disclosing facts.
- He shall not commit any offense similar to the one he is suspected of.
The court explicitly stated that the breach of any of these conditions would lead to the cancellation of bail. The Investigating Officer has been directed to take note of the order.
This decision underscores the importance of timely investigation and charge-sheet filing by law enforcement agencies, as delays can lead to accused individuals being granted statutory bail, regardless of the merits of the case itself.