1
IN THE COURT OF SPECIAL COURT
FOR GR.BOMBAY
BAIL APPLICATION NO.57 OF 2016
IN
ACB CR NO.46 OF 2016
IN
REMAND APPLICATION NO.47 OF 2016
1.

Mr.Jitendra Shantaram Dawre
Ageн46 years, Occ:нService
R/O:нWadibandar Police Colony, A wing,
3rd floor, Room No.61, P.Dimelo Road,
Mumbaiн400 009.

2.

Mr.Mahadeo Pandurang Rane
Ageн45 years, Occ: Service
R/O:н5/401, Shri Siddhivinayak Park,
Lokmanya Nagar Pada No.4, Near Sai
Mandir, Thane(W), 400606.

..Applicants
V/S
The State of Maharashtra
(At the instance of ACB, Worli,
Mumbai Vide C.R.No.46/2016)
..Respondent
Ld. advocate Mrs. Kasture for the applicants
Ld. APP Mr.Lade for the State.
CORAM: HIS HONOUR THE SPECIAL JUDGE
SHRI S.V.RANPISE(CR NO.17)
DATE: 29/07/2016
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Application for bail
ORAL ORDER
1.

Present application is filed by the applicants u/s. 439
of The Code of Criminal Procedure, 1973 for bail in CR No.46 of
2016 registered with A.C.B. Mumbai.
2.

Applicants were arrested in connection with the same
for the offences punishable u/s. 7,13(1)(d) r/w 13(2) of The
Prevention of Corruption Act, 1988 and now they are in judicial
custody and therefore they have filed this application on the
following grounds:н
GROUNDS
That they have not committed any offence as alleged,
they are falsely implicated in this case, they are
permanent residents of Mumbai and Thane, they
are public servants working with police department,
their family depends upon them, they have helped
the investigating machinery during the investigation,
they are ready and willing to abide by any conditions
imposed by the Court etc.,.
3.

State has filed say and raised objection to allow this
application on the ground that the applicants are likely to
pressurize the witnesses and tamper with the evidence.
4.

Following points arise for my determination.

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POINTS
5.

1.

Are applicants 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 Mrs.Kasture for the applicants and
Ld. APP Mr.Lade for the State. Also heard investigating officer
Mr.Sambhaji Sable.
Point No.1
7.

From the submissions it is gathered that custodial
interrogation is over. Moreover, it is also gathered that though
prosecution has raised objection in writing, but, during the oral
submissions, Ld. A.P.P. Mr.Lade and investigating officer did not
raise serious objection and have submitted for conditions.
Considering the same and when the allegations against the accused
are seriously challenged by them and they have shown their ready
and willingness to abide by any conditions imposed by the Court, I
hold proper to consider the relief as sought for by imposing
stringent conditions.

Hence, I answer point No.1 in the
affirmative and proceed to pass the following order:н
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ORDER
1.

Application is allowed.

2.

Each Applicant be enlarged on Bail on executing
P.R.Bond of Rs.20,000/н (Rs.Twenty thousand only)
with one or more solvent sureties in the like amount
subject to the conditions that
(i).

Both applicants should remain present
before the investigating officer at ACB
office, Mumbai on every Monday and
Thursday, in between 10.00 am and 12.00
noon till filing of the chargesheet.

(ii).

Applicants should not pressurize
the witnesses and tamper with the
evidence.

(iii). Applicants should not leave Mumbai
and Thane without prior permission
of the Court.

29/07/2016.

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

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Ex.2
Application filed by accused for cash
Security.
Court passed order below Ex.2 :н
ORDER
Perused the application and say filed by A.P.P.
Heard both sides. Considering the difficulty
of obtaining immediate solvency, application is
allowed.
Each Applicant is allowed to submit
provisionally cash security of Rs.20,000/н for the
period of four weeks.
Registrar(S) is directed to accept the cash
after office hours.

29/07/2016.

S.V.RANPISE
SPECIAL JUDGE.

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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 :29/7/16
Judgment signed on: 29/7/16
Judgment uploaded on: 5/8/16
07/06/2016.

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

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Ex.4
Application filed by adv. Mr.Salunkhe for cash
Security.
Court passed order below Ex.4:н
ORDER
Perused the application.
Say filed by A.P.P.
Heard Adv.Mr.Salunkhe.
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.

06/06/2016.

S.V.RANPISE
SPECIAL JUDGE.

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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 :22/2/16
Judgment signed on: 22/2/16
Judgment uploaded on: 10/3/16
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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 :5/2/16
Judgment signed on: 5/2/16
Judgment uploaded on: 9/2/16
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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
Say filed by A.P.P.
Application is allowed.

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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