..1.. B.A. No.161/2024 in ACB R.A. No.231/2024
CNR NO.MHCC02-003178-2024
IN THE COURT OF SPECIAL JUDGE,
(CONSTITUTED UNDER THE PREVENTION OF CORRUPTION ACT,
1988)
FOR GREATER BOMBAY AT MUMBAI
BAIL APPLICATION NO.161 of 2024
IN
REMAND APPLICATION NO.231 OF 2024
IN
(C.R. NO. 05 OF 2024 (ACB, BMU, Mumbai)
Deepa Arjun Gujare @ Mrs. Deepa Dinesh Aher
Age: 40 years,
Occupation: Service,
Senior Clerk, Office of Sub-Registrar,
Mulund, Mumbai.
Presently Residing at: 503, A/B,
Emerald Meadows Wadhawa, Near
R.T.O., Kalyan (W), Kalyan – 421301
V/s.
The State of Maharashtra
Anti Corruption Bureau, Mumbai.
Appearances :
Mr. Lade, Ld. A.P.P. for the State.
Advocate Mr. Karan Mehta for applicant/accused.
CORAM:
DATED:
…Applicant/accused
…Respondent
(Orig. Complainant)
H.H. THE SPECIAL JUDGE
UNDER P.C. ACT
Mr. N.P. MEHTA
(C.R. No.46).
23rd FEBRUARY, 2024.
:ORDER:
The instant application is preferred by applicant for grant of
bail under Section 439 of the Code of Criminal Procedure of the offence
punishable under Section 7 of the Prevention of Corruption Act, 1988
read with Section 201 of the Indian Penal Code registered with Anti
Corruption Bureau, Mumbai.
..2… B.A. No.161/2024 in ACB R.A. No.231/2024
2.
Complainant was working in Registration of documents. On
07.02.2024, Smt. Swati Pawar registered Sale Deed in Online mode and
paid necessary fees. On 14.02.2024, at 17.30 hours, complainant visited
Sub-Registrar Office, Kurla, Mulund (West), Mumbai for getting copies
of her registered documents and for doing that work applicant/accused
demanded Rs.5,000/-. There is allegations of demand of bribe by
applicant to complainant and during trap she was apprehended on the
spot. After her arrest, she was produced before this Court whereafter
she was sent to judicial custody.
3.
I have gone through the bail application and necessary
documents filed along with it. There are no criminal antecedents to her
discredit. Having regard to the allegations made against her in the
remand papers, this Court is of the opinion that there is no likelihood of
applicant/accused committing similar offence after her release on bail.
Further there is nothing to show that the life and security of witnesses
would be threatened on her release. Accused is not flight risk.
Therefore, this Court is inclined to grant bail to applicant/accused.
4.
Accused also moved application for provisional cash bail in
lieu of solvent surety.
5.
Learned A.P.P. objected for the same. Having regard to the
fact that applicant is unable to arrange solvent surety forthwith,
therefore, provisional cash bail is granted in lieu of solvent surety as
prayed. In view of above said, I proceed to pass the following order:
ORDER
1.
ACB Bail Application No. 161 of 2024 is allowed.
..3.. B.A. No.161/2024 in ACB R.A. No.231/2024
2.
Applicant/accused Deepa Arjun Gujare @ Mrs. Deepa Dinesh
Aher be released on her executing PR bond of Rs.35,000/(Rupees Thirty Five Thousand only ) with one solvent surety in
like sum with directions that:i)
She shall not tamper with prosecution evidence.
ii) She shall not threaten prosecution witnesses.
iii) She shall not try to contact witnesses in any manner
whatsoever.
iv) She shall provide residential proof and mobile numbers of her
two near relatives.
v) She shall not leave Mumbai City without permission of
Investigating Officer until charge-sheet is filed.
vi) She shall mark her presence every month to ACB Office
preferably on Monday between 11.00 a.m. to 2.00 p.m. until
charge-sheet is filed.
vii) Accused be released on provisional cash bail of Rs.35,000/(Rupees Thirty Five Thousand Only) in lieu of solvent surety for a
period of eight weeks from the date of this order.
3.
ACB Bail Application No.161 of 2024 stands disposed of
accordingly.
(N. P. MEHTA)
Special Judge, under P.C. Act
City Sessions Court for Greater Bombay
at Mumbai.
: 23/02/2024
: 23/02/2024
: 23/02/2024
:
Date:-23/02/2024
Dictated on
Transcribed on
Signed on
Sent to Dept. on
..4… B.A. No.161/2024 in ACB R.A. No.231/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
23/02/2024 at 5:45 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.
H.H.J. Shri. N P. Mehta
(Court Room No.46)
)
Date
of
Pronouncement
Judgment/Order
of 23/02/2024
Judgment/Order signed by P.O. on
23/02/2024
Judgment/Order uploaded on
23/02/2024