CBI Spl. Case 37/2003 (disposed off)
1
B.A No.1029/19
IN THE SPECIAL COURT FOR CBI/ACB, AT GR. BOMBAY
BAIL APPLICATION NO. 1029 OF 2019
(CNR NO :MHCC02н017906н2019)
IN
CBI SPECIAL CASE NO.37 OF 2003 (Disposed off)
K.S. Nair
Age :н 63 years, Occ : Retired
Residing at 11/4/9, Bhawani Nagar,
Marol Maroshi Road, Andheri (East)
Mumbai Ц 400 059.

ЕApplicant.

Versus
The CBI., ACB. Mumbai
ЕRespondent.

Appearance:
Ld. Advocate Mrs. Yogini Abhay Ugale for the applicant.
Ld. SPP Mr. Amrish Pandey for the Respondent.
CORAM : H.H. THE SPECIAL JUDGE CBI/ACB
SHRI U. M. MUDHOLKAR
(C.R.NO.48)
DATE : 25th SEPTEMBER, 2019.
ORAL ORDER
This is an application for bail i.e. for execution of P.R. filed
by applicant K.S. Nair on account of the order passed in Criminal
Application (ALS) No.111/2019 by the Hon’ble High Court.
2.

It is contended that present applicant was acquitted by
Ld. predecessor of this court as per judgment & order dated 10.07.2018
passed in CBI Special Case No.37/2003 and was directed to be released
CBI Spl. Case 37/2003 (disposed off)
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B.A No.1029/19
on bail u/sec. 437 (a) of Cr.P.C., which he has complied. Subsequently
the CBI i.e. original complainant filed Criminal Application (ALS) No.
111/2019 before Hon’ble High Court challenging the above referred
judgment & order, which came to be admitted and applicant was
directed to surrender before this court and to execute P.R. Bond of
Rs.25,000/н. It is further contended that he is ready to furnish the P.R.
Bond as per direction of the Hon’ble High Court. As such, it is prayed
that applicant be released on P.R. Bond of Rs.25,000/н.
3.

The SPP contested the application by filing reply on the
application itself. It is mainly contended that the prosecution strongly
opposes the application as the appeal has been admitted and if his P.R.
Bond is accepted then he may abscond. As such, rejection of the
application has been prayed.
4.

Heard Ld. Advocate Smt. Yogini Ugale for the applicant
and the Ld. SPP Mr. Amrish Pandey for the CBI, at length. The
submissions of both the sides were replica of contents of the application
and reply.
5.

I have carefully gone through submissions of both the sides
and record. Along with the application, applicant has placed on record
the xerox copy of the order dated 15.10.2019 passed by the Hon’ble
High Court in Criminal Application (ALS) No.111/2019. As per the said
order the applicant has been directed to surrender before this court and
this court has been directed to release the applicant on bail i.e. on his
furnishing of P.R. Bond in the sum of Rs.25,000/н. Since the order has
been passed by the Hon’ble High Court, the objections raised by the Ld.
SPP in the reply are totally irrelevant and therefore can not be
appreciated at all. In view of the same by rejecting the argument
CBI Spl. Case 37/2003 (disposed off)
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B.A No.1029/19
advanced by the Ld. SPP, following order is passed to meet the proper
ends of justice.
ORDER
1.

Bail Application No. 1029/2019 in CBI Special Case No.37
of 2003 (disposed off) is hereby allowed as under :н
2.

The applicant Ц K.S. Nair, to execute personal bond of
Rs.25,000/н as per order dated 15.10.2019 passed by Hon’ble
High Court Mumbai in Cri. Appl. (ALS) No.111 of 2019.
3.

He shall continue to appear before this court once in six
months on the date assigned by this court, during pendency of the
appeal.
4.

Bail Application No. 1029/2019 stands disposed off
accordingly.

(U. M. MUDHOLKAR)
CBI/ACB Special Judge,
City Civil & Sessions Court
Gr. Bombay.

25.11.2019
Typed on
checked on
Signed on
Digitally signed
by U.M.
MUDHOLKAR
U.M.
MUDHOLKAR Date:
2019.11.26
13:18:26 +0530
: 25.11.2019.
: 25.11.2019.
: 25.11.2019.

CBI Spl. Case 37/2003 (disposed off)
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B.A No.1029/19
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.Ф
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
:
:
26.11.2019, 1.10 p.m.
Mr. Harshal D. Jagtap
Name of the Judge (With Court HHJ Shri. U. M. Mudholkar
Room No.)
C.R. No.48
Date
of
Pronouncement
JUDGMENT/ORDER
of 25.11.2019
JUDGMENT/ORDER
P.O. on
by 25.11.2019
signed
JUDGMENT/ORDER uploaded on
26.11.2019