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IN THE COURT OF SPECIAL JUDGE, C.B.I.
AT GREATER BOMBAY
BAIL APPLICATION NO.655 OF 2020
IN
C.B.I. SPECIAL CASE NO. 37 OF 2018
IN
CR No.RC.01 (E)/2018
(CNR. NO. MHCC02н005818н2020)
Arjun Eknath Patil
Age 45 years, Occ.нService,
R/at: Aн10, Shiv Shakti CHS,
Room No.010, Sector 18, Nerul,
Navi Mumbaiн 400 706.
At present in Arthur Road Central Prison.
VERSUS
.. Applicant/
(Original Accused No.10)
The Central Bureau of Investigation Bank
Securities & Fraud Cell, Mumbai, in
CR.No. RC.01(E)/2018.
.. Respondent/Complainant.
Ld. Advocate Mr. Ashish Sawant for Applicant/Accused No.10.
Ld. Sr.PP Mr. Limosin for C.B.I./Respondent.
CORAM: HIS HONOUR SPECIAL JUDGE
SHRI. V.C. BARDE
C.B.I. SPECIAL COURT
(Court Room No. 50)
DATE : 29th June, 2020.
ORDER
1.
By this application, accused no.10нArjun Eknath Patil has sought
an interim bail on the ground that there is a surge of COVIDн19 positive
cases in jail, and further that his wifeнMrs. Sujata Arjun Patil agedн37
years, is suffering from Hernia and advised to get operated, which is
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prolonged since last several months for want of a caretaker in the
family of two children. The accused also pleaded his innocence, and
requested that he be released on bail.
2.
Reply filed by C.B.I. shows strong objection for releasing the
accused on bail. They submitted that accused played important role in
concealment of documents with intent to destroy them. They submitted
that the earlier Judge of C.R.No.51 from whom the case is transferred,
has rejected the bail application filed by the accused. They submitted
that this Court cannot release the accused as he is not entitled for bail,
and this is not categorized as an urgent matter.
3.
Heard the learned Advocate for the accused and learned Sr.P.P.
for C.B.I. Perused the record of the case.
4.
In respect of release of the accused on the ground of COVIDн19,
it is pertinent to note that the case of the accused does not fall within
the category considered for release of accused inasmuch as the accused
is chargeнsheeted by C.B.I. for economic offence. The report at Exhibitн
4 in respect of this accused submitted by C.B.I. shows that the accused
is an asymptomatic for COVIDн19, of whom no further investigation
was required. Thus, on the ground of COVIDн19, there is nothing to
release the accused on interim bail for the above reason.
5.
Insofar as the ground of operation of his wife, alongwith the
application the accused has filed Sonography Report dated 23.04.2019,
showing Umbilical Hernia. The OPD consultation dated 15.05.2020 is
in respect of surgery by referring to physician.
The learned S.P.P.
submitted that no urgency is seen from the said report. The learned
Advocate for the accused submits that there is no one to take care of
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the children of accused except his wife. From the said reports, it is seen
that Umbilical Hernia was shown in Ultraнsonography report dated
23.04.2019, and the surgery is mentioned in OPD consultation dated
15.05.2020, without any certification of an expert that it is so
imminent. It does not appear to be a ground to release accused on bail
as sought.
6.
Therefore, in view of the above, no case is made out for releasing
the accused on interim bail. Hence, the following order is passed:
Order
Bail Application No.655 of 2020 is hereby rejected.
Date : 29.06.2020
Dictated on
: 29.06.2020
Typed on
: 29.06.2020
Signed by HHJ : 29.06.2020
(V. C. BARDE)
C.B.I. Special Judge
City Civil & Sessions Court,
Gr. Bombay.
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У CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.Ф
29.06.2020/ 1.40 p.m.
UPLOAD DATE AND TIME
Mrs. Pradnya S. Naik
NAME OF STENOGRAPHER (S.G.)
Name of the Judge (with Court Shri. V.C. BARDE
Room No.)
(CR.No.50)
Date
of
Pronouncement
JUDGEMENT/ORDER
of 29.06.2020
JUDGEMENT/ORDER
P.O. on
by 29.06.2020
signed
JUDGEMENT/ORDER uploaded on
29.06.2020