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1
IN THE COURT OF SESSIONS FOR
GR.BOMBAY AT BOMBAY
BAIL APPLICATION NO.02 OF 2016
IN
REMAND APPLICATION NO.01 OF 2016
IN
ACB, GMU MUMBAI CR NO.01/2016
Shri Anjum Nurulhasan Newrekar
Aged 45 years, Occupation:нAssistant
Engineer, Building and Factory,
‘E’ ward BMC, Byculla.
R/at:н 8/6, B.I.T. block
Ibrahim Rahimtulla Road,
J.J.Hospital compound,
Byculla, Mumbaiн3.

..Applicant
Versus
The Assistant Commissioner/
Inspector of Police,State of Maharashtra
(through A.C.B, GMU,Worli, Mumbai)
.Respondent
Ld. advocate Mr.Karde for the applicant
Ld. APP Mr.Lade for the State.
CORAM: HIS HONOUR THE SPECIAL JUDGE
SHRI S.V.RANPISE(CR NO.17)
DATE: 11/01/2016
Application for bail
ORAL ORDER
1.

Present application is filed by the applicant u/s. 439 of
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The Code of Criminal Procedure, 1973 for bail in CR No.01 of 2016
registered with ACB, Mumbai
for the offences punishable u/s.

7,13(1)(d) r/w 13(2) of The Prevention of Corruption Act 1988.
2.

Facts which gave rise in filing this application, in short,
are as under:н
Applicant was arrested in the aforesaid crime
for the offences punishable u/s. 7,13,(1)(d) r/w
13(2) of The Prevention of Corruption Act, 1988
by ACB Mumbai while demanding an amount
of Rs.5,00,000/н and accepting part of the same
i.e. Rs.2,00,000/н by way of bribe amount on
08/01/2016 and since then he is in police custody of
the police. But, now custodial interrogation is
over and therefore he has filed this application
on the following grounds:н
GROUNDS
That applicant is now in judicial custody, he has
not committed any offence as alleged,
he is permanent resident of Mumbai, he is
working as an Assistant Engineer with
Bombay Municipal Corporation, false
allegations are levelled against him,
he is ready and willing to help investigating
machinery in carrying out further
investigation, he has no criminal
antecedents, his family depends upon him etc.,.

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3.

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State has filed say and raised objection on the ground
that investigation is at the preliminary stage. The bank locker is
not yet seized and accused was arrested while accepting part bribe
amount of Rs.2,00,000/н out of total demanded amount of
Rs.5,00,000/н and therefore State has prayed for rejection of the
bail application.
4.

Following points arise for my determination.
POINTS
5.

1.

Is applicant entitled for bail as sought for?

2.

What order?

My findings thereon with reasons thereto are as
follows:н
FINDINGS
1.

In the affirmative.

2.

As per final order.

REASONS
6.

Heard Ld. Advocate Mr.Karde for the applicant and Ld.

APP Mr.Lade for the State.
Point No.1
7.

From the submissions, it is gathered that custodial
interrogation is over. The amount is already recovered. The house
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search of the accused is also carried out.

The State has raised
objection on the ground that the bank locker is yet to be seized.
But, Ld. Advocate Mr.Karde has frankly submitted that applicant is
ready and willing to coнoperate with the investigating machinery in
the said seizure and he himself will not open it unless he obtains
further directions from the Court. Considering the same and when
applicant is permanent resident of Mumbai and working with
Bombay Municipal Corporation, Mumbai, I hold it proper to allow
this application by imposing certain conditions. Hence, I answer
point No.1 in the affirmative and proceed to pass the following
order:н
ORDER
1.

Application is allowed.

2.

Applicant be enlarged on Bail on executing
P.R.Bond of Rs.30,000/н(Rs.Thirty thousand
only) with one or more solvent surety/sureties in
the like amount, subject to the
conditions that Applicant should not leave
Mumbai without prior permission of this
Court, should not pressurize
the
witnesses,
tamper with the evidence and should attend
concerned A.C.B. Office on every Wednesday
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in between 10.00 am to 5.30 pm till
filing of the chargeнsheet.

11/01/2016.

JUDGMENT DICTATED ON
JUDGMENT TYPED ON
JUDGMENT SIGNED ON
S.V.RANPISE
SPECIAL JUDGE,
UNDER P.C.ACT
MUMBAI.

:
:
:
11/01/2016
11/01/2016
11/01/2016
”
I affirm that the contents of this PDF file judgment are the
same, word to word, as per the original judgment.”
Mrs.T.C.Kamble(HG Stenographer)
HHJ Shri S.V.RANPISE (CR 17)
Date of pronouncement of judgment :11/01/16
Judgment signed on: 11/1/16
Judgment uploaded on: 20/1/16
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Ex.2
6
Application filed by adv. Mr.Karde for cash
Security.
Court passed order below Ex.2:н
ORDER
Perused the application.
Say filed by A.P.P.
Heard Adv.Mr.Karde.
Application is allowed.
Applicant is allowed to submit provisionally
cash security of Rs.30,000/н for the period of
four weeks.
Registrar(S) is directed to accept the cash
after office hours.

11/01/2016.

S.V.RANPISE
SPECIAL JUDGE,
UNDER P.C.ACT
MUMBAI.

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”
I affirm that the contents of this PDF file judgment are the
same, word to word, as per the original judgment.”
Mrs.T.C.Kamble(HG Stenographer)
HHJ Shri S.V.RANPISE (CR 17)
Date of pronouncement of judgment :4/1/16
Judgment signed on: 4/1/16
Judgment uploaded on: 4/1/16
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BA 76/2015
Ld. Advocate Mrs.Barge for the applicants
Ld. Advocate Mr.Lade for the State
F.R.S.R. the following order is passed:ORDER
1.

Application is allowed.

2.

Applicant be enlarged on Bail on executing
P.R.Bond of Rs.15,000/н with one solvent surety
in the like amount, subject to the conditions that
Applicant should attend concerned A.C.B. Office
on every Thursday in between 10.00 a.m. to
12.00 noon and should not leave Mumbai
and Navi Mumbai without prior permission of
Court till filing of the chargeнsheet and should
not pressurize the witnesses and tamper with the
evidence.

Ex.2
Application filed by adv. Mrs.Barge for cash
Security.
Court passed order below Ex.2:н
ORDER
Perused the application. Heard Adv.Mrs.Barge
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Say filed by A.P.P.
Application is allowed.
Applicant is allowed to submit provisionally
cash security of Rs.15,000/н for the period of
four weeks.
Registrar(S) is directed to accept the cash
after office hours.
Spl. Judge
10/12/2015.
”
SPL.JUDGE.
I affirm that the contents of this PDF file
judgment are the same, word to word, as per the original
judgment.”
Mrs.T.C.Kamble(HG Stenographer)
HHJ Shri S.V.RANPISE (CR 17)
Date of pronouncement of judgment :
Judgment signed on: 10/12/15
Judgment uploaded on: 10/12/15
10/12/15