BA No.133/2024
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Order
MHCC020026502024
IN THE SPECIAL COURT FOR CBI AT GREATER BOMBAY
BAIL APPLICATION NO.133 OF 2024
IN
REMAND APPLICATION NO.1433 OF 2023
Birba Shivajirao Patil
Age : 50 years,
Residing at : House No.12, Main Road,
Near Venkateshwar Temple, Kalhangara,
Kalhengara, Gulbarga, Karnataka Ц 585104
.. Applicant/accused
Versus
CBI, ACB, Mumbai
.. Respondent/prosecution
Ms. Yogini Ugale, Advocate for applicant
Shri. Vimal Soni, SPP for respondent
CORAM :
S. H. GWALANI, SPECIAL JUDGE
COURT ROOM NO.48
DATED :
14th FEBRUARY, 2024
ORAL ORDER
This is an application filed on behalf of applicant/accused Biraba
Shivajirao Patil under Section 167(2) of the Code of Criminal Procedure
(in short УCrPCФ) for releasing him on bail commonly known as Сdefault
bailТ for the offences punishable under Section 120-B r/w Sections 420,
467, 468 and 471 of the Indian Penal Code (In short, СIPCТ) and Sections
7 and 7A of the Prevention of Corruption Act (In short, СPC ActТ) .

BA No.133/2024
2.

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Order
Applicant is arraigned as an accused in Crime No. RC0262023
A0036/CBI/ACB/MUMBAI, for the offences punishable under Sections
7 and 7A of the PC Act and section 120-B of IPC. During the course of
investigation, Sections 420, 467, 468 and 471 of the IPC were added.
Applicant/accused came to be arrested on 14.11.2023. He was
remanded to Police Custody and thereafter, remanded in Judicial
Custody. Prior to filing of present application, Bail Application No.1020
of 2023 filed by applicant/accused for regular came to be rejected by
this Court vide order dated 01.12.2023.
3.

Today, by filing present application, Ms. Yogini Ugale, learned
advocate for applicant/accused submitted that Investigating Officer
ought to have filed charge-sheet within period of 90 days from the date
of arrest of the accused dated 14.11.2023. However, no charge-sheet
has been filed by the investigating agency till filing of present
application. Applicant is ready to abide all the terms and conditions as
this Court deem fit and proper.
4.

Learned advocate for applicant further submitted that as CBI has
not filed charge-sheet within period of 90 days from the date of arrest
of the accused, present application has to be decided on the same day
itself. In support of the submission, she seeks to rely upon the authority
in the case of Union of India through CBI Vs. Nirala Yadav @ Raja Ram
Yadav @ Deepak Yadav, (2014) 9 Supreme Court Cases 457, wherein,
the HonТble Supreme Court has held that, УAccused has an indefeasible
right to be released on bail under Section 167(2) once the statutory
period had expired without charge-sheet having been filed, and court
must dispose of bail application of accused under Section 167(2) on the
same day itselfФ. Thus, relying upon the aforesaid authority, learned
BA No.133/2024
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Order
advocate for applicant/accused prayed for releasing the applicant/
accused on default bail.
5.

Learned SPP Shri Vimal Soni, for CBI submitted that more than
90 days has been completed after applicant produced before this Court
and no charge-sheet has been filed by the CBI in the case. There are
serious charges against the accused. If he is released on bail it will
adversely affect the investigation of present case which is still pending.
Accordingly, prayed for rejection of the application.
6.

Admittedly, co-accused Aman Kumar @ Rupesh and Vishal Kumar
Bharti @ Abhishek Singh have been released on bail (Default bail) by
learned In-charge Court and another co-accused Ajay Kumar has been
released on bail (Default bail) by this Court vide order dated
13.02.2024 passed in Bail Application No.127 of 2024, but, in spite of
the same, CBI failed to file charge-sheet in time. In the present case,
applicant/accused has been arrested on 14.11.2023 and produced
before this Court on the same date. As per calculation, 16 days of
November, 31 days of December, 31 days of January and till today, 14
days of February, comes to 92 days. Learned SPP for CBI fairly admitted
that more than 90 days has been completed but no charge-sheet has
been filed by Investigating Agency. Therefore, taking into consideration
the circumstances available on record, the above legal principles laid
down by the HonТble Apex case is squarely application to the facts of
present case and as stated by both sides, statutory period of 90 days has
expired without charge-sheet having been filed, this Court would have
no option but to release the applicant/accused on bail under Section
167(2) of the CrPC (default bail) on certain terms and conditions. In
the result, I pass following order:
BA No.133/2024
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Order
ORDER
1.

Bail Application No.133 of 2024 (Default Bail) is allowed.

2.
Applicant/accused Biraba Shivajirao Patil be released on bail on his
executing P.R. Bond of Rs.60,000/- (Rupees Sixty Thousand only) with
one or two sureties in like amount, in connection with Crime No. RC026
2023A0036, registered with CBI, ACB, Mumbai.
3.
Applicant/accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing such facts to the Court
or tamper with evidence.
4.
He shall furnish his permanent residential address and so also local
address, if any, along with mobile number to the Court and Investigating
officer. In case of change of address and mobile number, he shall intimate
the same in advance to the Court and Investigating officer.
5.
He shall not abscond, and shall cooperate in investigation and
attend the CBI Office, B.K.C., Mumbai, as and when required by the
Investigating Officer until further order.
6.

He shall not leave India without prior permission of the Court.

7.

Accordingly, bail application stands disposed of.

Date : 14.02.2024
(S. H. Gwalani)
Special Judge, CBI
Gr. Bombay
BA No.133/2024
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Order
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.Ф
14.02.2024, 5.45 p.m.
UPLOAD DATE AND TIME
Mrs. S. P. Pawar
Stenographer (Grade – I)
Name of the Judge (With Court H.H.J. Shri. S. H. Gwalani
Room No.)
C.R.No.48
Date of Pronouncement of
JUDGMENT/ORDER
14.02.2024
JUDGMENT/ORDER signed by P.O. 14.02.2024
on
JUDGMENT/ORDER uploaded on
14.02.2024