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BA No.294 of 2020 in ACB Sp.104-15 @108-15
IN THE CITY SESSIONS COURT AT MUMBAI.

BAIL APPLICATION NO.294 OF 2020
(CNR No.MHCC02-005090-2020)
IN
SPECIAL CASE NO.104 OF 2015
(CNR No.MHCC02-015550-2015)
ALONGWITH
SPECIAL CASE NO.108 OF 2015.
(CNR No.MHCC02-016285-2015)
Ramesh Nagnath Kadam
}…APPLICANT/ACCUSED.
Versus
State of Maharashtra
}
at the instance of State CID
}
PS Dahisar.
}
(Crime No.336/2015).
}…PROSECUTION.
————————————————————————————————-Shri.Pasbola, learned advocate for applicant/accused.
Shri.Chavan, learned SPP for the prosecution.

—————————————————————————————-CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.16)
—————————————————————————————-ORAL ORDER
(Delivered on 15/06/2020)
1.

By filing this application, applicant/accused No.5 Ramesh
Kadam has claimed interim bail in Crime No.336/2015 registered at PS
Dahisar for offences punishable under Sections 406, 408, 409, 420, 465,
467, 468, 471, 384, 201, 120-B, 34 of Indian Penal Code & for offences
under Sections 7, 8, 13(1)(c) of Prevention of Corruption Act.
2.

Read the application & say filed by learned SPP. Heard
learned Shri.Pasbola advocate for the applicant/accused No.5 & learned
Shri.Chavan SPP for the prosecution. Perused the entire record.
3.

Learned advocate for applicant/accused No.5 argued that
applicant/accused No.5 has filed application for bail as per the liberty
granted by Hon’ble Supreme Court but said bail application could not
be taken up for hearing by this Court on account of the Pandemic
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condition. He submitted that even though this court has passed order
for framing of charges against applicant/accused No.5 & other accused
persons, charge could not be framed till date for the same Pandemic
condition and there is no likelihood that charge will be framed in near
future on account of the Lock-down declared by the Government. He
submitted that applicant/accused No.5 is behind bars since Aug.-2015,
physical & mental condition of the applicant/accused No.5 is not good
and applicant/accused No.5 is suffering from depression. He submitted
that if applicant/accused No.5 is not enlarged on interim bail in the
present Pandemic condition, there is possibility that depression of
applicant/accused No.5 may get exaggerated. He submitted that
condition in the jail is not good, some of the inmates and prisoners have
been tested Corona positive after which, the Jail Authorities have
stopped conducting Covid 19 tests. He submitted that by resorting to
the guidelines issued by the High Power Committee, many accused
persons in serious crimes like murder are enlarged on interim bail by
various courts. He argued that the contentions raised in reply by the
prosecution are not sufficient to conclude that applicant/accused No.5
will either tamper with the prosecution evidence or will abscond hence,
applicant/accused No.5 may be enlarged on interim bail pending final
decision of his main bail application by imposing suitable conditions.
4.

As against this, learned SPP vehemently opposed the bail
application by submitting that applicant/accused No.5 was MLA and
there are allegations that applicant/accused misappropriated huge
Government funds by hatching conspiracy with other accused persons.
He submitted that applicant/accused No.5 is aged 47 years only and his
health condition is not that much serious as is sought to be urged by
filing this application. He submitted that applicant/accused No.5 is
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BA No.294 of 2020 in ACB Sp.104-15 @108-15
influential, his applications for bail have been rejected on merits many
times upto Hon’ble Supreme Court, Jail Authorities are taking proper
care of the health of all the prisoners, three policemen have been
suspended after they had recently assisted applicant/accused No.5 to go
to one hotel during Assembly Elections and if enlarged on interim bail,
there is likelihood that applicant/accused No.5 will abscond and will
tamper with prosecution evidence due to which, application is liable to
be rejected.
5.

It is not in dispute that High Power Committee has issued
certain guidelines for release of prisoners on interim bail to prevent
contagion spread of Covid-19 Virus in the Prisons. Minutes of Meeting
make it clear that those recommendations are not applicable to the
category of cases falling under Major Financial Scams & certain other
offences. In the matter in hands, applicant/ accused No.5 has been
charge-sheeted for commission of offence of misappropriation of huge
Government Funds. In view it, the argument of learned advocate for
applicant/accused that many other accused persons in offence like
murder are released on bail by various courts in itself is not sufficient
for holding that applicant/accused No.5 is entitled for interim bail as
per the recommendations of High Power Committee.
6.

Case is fixed for framing of charge. This court has passed a
detailed order about the material available against each of the accused
for framing charges. Charge could not be framed till date on account of
absence of all the accused persons initially and thereafter on account of
the Lock-down declared by the Government. It is true that it is not
certain as to when the condition will become alright for starting court
functioning as earlier but said fact, to my mind, is not sufficient to grant
interim bail to applicant/accused No.5 because, there are serious
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BA No.294 of 2020 in ACB Sp.104-15 @108-15
allegations of misappropriation of huge Government funds against
applicant/accused No.5 and offence registered against him under
Section 409 IPC prescribes life imprisonment. Furthermore, there are
allegations that applicant/accused No.5 & other accused persons has
destroyed evidence for screening themselves from legal punishments.
7.

Medical papers produced on record with the application
though suggest that applicant/accused No.5 is suffering from
depression, those papers make it clear that Jail Authority is providing
necessary medical aid to applicant/accused No.5 as and when required.
There are allegations that applicant/accused No.5 committed certain
overt acts with the help of the police guards by getting himself out of
the jail premises under the guise of going for medical treatment and he
was caught in one hotel with huge cash amount. Having regards to the
serious nature of offences and the fact that necessary medical aid is
being provided to applicant/accused No.5 by the Jail Authority as and
when required, this court is of the opinion that the grounds raised in
the application and submitted at the bar during argument by learned
advocate for applicant/accused No.5 are not sufficient for granting
interim bail to applicant/accused No.5. Thus, an order.
ORDER
Bail Application No.294 of 2020 stands rejected.
Date : 15/06/2020.
Dictated on
Checked on
Signed on
: 15/06/2020.
: 15/06/2020.
: 15/06/2020.

(P.P.RAJVAIDYA)
Addl. Sessions Judge,
C.R.No.16, City Sessions Court,
Mumbai.

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BA No.294 of 2020 in ACB Sp.104-15 @108-15
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDERФ.
16/06/2020 at 2.43 p.m.

UPLOAD DATE AND TIME
Mrs.Rupali S. Bhor
NAME OF STENOGRAPHER
Name of the Judge (with C.R.No.)

HHJ SHRI.P.P.RAJVAIDYA (C.R.No.16)
Date of pronouncement of Order
15/06/2020
Order signed by P.O. on
16/06/2020
Order uploaded on
16/06/2020