Sandesh Bhaskar Kamble Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 52 of 2016

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IN THE COURT OF SPECIAL COURT
FOR GR.BOMBAY
BAIL APPLICATION NO.52 OF 2016
IN
ACB CR NO.43 OF 2016
Mr.Sandesh Bhaskar Kamble
Age: 45 yrs, Occ: Nil
R/o: Nandanvan Society, Room No.206,
2nd floor, Besides Malagardan, Pratiksha
Nagar, Mumbaiн400 022.

..Applicant
Versus
The State of Maharashtra
(At the instance of ACB, Worli,
Mumbai Vide C.R.No.43/2016)
..Respondent
Ld. advocate Mr. Vaibhav G.Bagade for the applicant
Ld. APP Mr.Lade for the State.
CORAM: HIS HONOUR THE SPECIAL JUDGE
SHRI S.V.RANPISE(CR NO.17)
DATE: 12/07/2016
Application for bail
ORAL ORDER
1.

Present application is filed by the applicant u/s. 439 of
The Code of Criminal Procedure, 1973 for bail in CR No.43 of 2016
registered with A.C.B. Mumbai in Remand Application No.44 of
2016.

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2.

Applicant is arrested in connection with the said
offence for the offences punishable u/s. 7,12,13(1)(d) r/w 13(2) of
The Prevention of Corruption Act, 1988 and now he is in judicial
custody and therefore he has filed this application on the following
grounds:н
GROUNDS
That he has not committed any offence as alleged,
he is permanent resident of Mumbai, he is falsely
implicated in the case, he has no criminal antecedents,
he is 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 investigation is at preliminary stage
and if the applicant is released on bail, he is likely to tamper with
the evidence and pressurize the witnesses and further investigation
of the documents found in the house of the accused is at the
preliminary stage and the investigation is in progress regarding
whether accused had accepted other bribe amount in other
proceedings etc.,.
4.

Following points arise for my determination.
POINTS
1.

Is applicant entitled for bail as sought for?

2.

What order?

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5.

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 Mr.Bagade for the applicant and
Ld. APP Mr.Lade for the State. Also heard investigating officer
Mrs.Sawant.
Point No.1
7.

From the submissions it is gathered that though
prosecution has raised objection in writing, but, during the oral
submissions, Ld. A.P.P. Mr.Lade has prayed to impose stringent
conditions. Considering the same and when other side has agreed
to obey any conditions, I hold it proper to consider the relief
though there is written objection, as the State is not so serious.
Moreover, it is gathered that custodial interrogation is over and
applicant is permanent resident of Mumbai. Ld. A.P.P. Mr.Lade has
also submitted that attendance of the accused on the particular
days would serve the purpose. Considering the same, I hold that it
would be 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
ORDER
1.

Application is allowed.

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2.

Applicant be enlarged on Bail on executing
P.R.Bond of Rs.30,000/н (Rs.Thirty thousand only)
with one or more solvent sureties in the like amount
subject to the conditions that
(i).

Applicant should remain present before
the investigating officer at ACB office,
Mumbai on every Monday, Wednesday
and Friday in between 10.00 am and 1.00
pm till filing of the chargesheet
immediately after he is released on
bail.

(ii).

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

(iii). Applicant should not leave Mumbai
and Thane without prior permission
of the Court.
(iv)
Applicant should submit details of the
passport to the investigating officer
immediately after he is released on bail
alongwith xerox copies of the same.

12/07/2016.

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.
Applicant is allowed to submit provisionally
cash security of Rs.30,000/н for the period of
four weeks.
Registrar(S) is directed to accept the cash
after office hours.

12/07/2016.

S.V.RANPISE
SPECIAL JUDGE.

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07/06/2016.

Ex.4
S.V.RANPISE
SPECIAL JUDGE,
UNDER P.C.ACT
MUMBAI.

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

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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.


I affirm that the contents of this PDF file judgment are the
same, word to word, as per the original judgment.”
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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

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
10
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.
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
10/12/15
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Judgment uploaded on: 10/12/15