1
IN THE COURT OF SESSIONS FOR
GR.BOMBAY AT BOMBAY
BAIL APPLICATION NO.46 OF 2016
IN
ACB CR NO.38 OF 2016
Suryakant Shripati Acharya
Age 57 years Indian Inhabitant
Having address at Panchsheel Chawl,
Near Limbuni Budh Vihar, Krantinagar,
Akruli road, Borivali(E), Mumbai.
..Applicant
Versus
The State of Maharashtra
(At the instance of ACB Worli)
..Respondent
Ld. advocate Mr.Parab for the applicant
Ld. APP Mr.Lade for the State.
CORAM: HIS HONOUR THE SPECIAL JUDGE
SHRI S.V.RANPISE(CR NO.17)
DATE: 20/06/2016
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.38 of 2016
filed in Remand Application No.40 of 2016 registered with A.C.B.
Mumbai.
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2.
Applicant was arrested in connection with the said
offence registered with ACB, Mumbai for the offences punishable
u/s. 7,13(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 has his
family to look after, he is 57 years old, he
has no criminal antecedents, the custodial
interrogation is over, he is ready and willing to abide
by any conditions imposed by the Court etc.,.
3.
Notice was issued to the State. State has filed say and
raised objection on the ground that the investigation is at
preliminary stage and further investigation is necessary. Moreover,
statement of some of the witnesses are yet to recorded. With these
and other grounds, State has prayed for rejection of the bail.
4.
Following points arise for my determination.
POINTS
5.
follows:н
1.
Is applicant entitled for bail as sought for?
2.
What order?
My findings thereon with reasons thereto are as
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FINDINGS
1.
In the affirmative.
2.
As per final order.
REASONS
6.
Heard Ld. Advocate Mr.Parab for the applicant and
Ld. APP Mr.Lade for the State.
Point No.1
7.
From the submissions it is gathered that custodial
interrogation is over. Moreover, applicant is permanent resident of
Mumbai. He is a public servant. He has shown his ready and
willingness to abide by any conditions imposed by the Court.
Moreover, the recovery is complete and applicant has raised
grievance by challenging the offences levelled against him.
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.
2.
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).
Applicant should remain present before the
investigating officer at ACB office, Mumbai
on every Tuesday and Friday in between
10.00 am and 12.00 noon.
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(ii).
Applicant should not pressurise
the witness and tamper with the
evidence.
(iii). Applicant should not leave Mumbai
without prior permission of the
Court.
(iv). Applicant should not get indulge in
such activities again.
20/06/2016.
”
S.V.RANPISE
SPECIAL JUDGE,
UNDER P.C. ACT
GR.MUMBAI.
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 :20/6/16
Judgment signed on: 21/6/16
Judgment uploaded on: 21/6/16
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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.20,000/н for the period of
four weeks.
Registrar(S) is directed to accept the cash
after office hours.
20/06/2016.
S.V.RANPISE
SPECIAL JUDGE.
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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
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:-
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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.
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
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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