IN THE COURT OF THE SPECIAL JUDGE
(UNDER PREVENTION OF CORRUPTION ACT)
FOR GREATER BOMBAY AT BOMBAY.
BAIL APPLICATION NO.13 OF 2016
(IN REMAND APPLICATION NO.8 OF 2016)
Shri Vyomesh Shah
…Applicant/Accused
Vs.
The State of Maharashtra
(at the instance of CID)
…Respondent
Appearances :н
Ld.Adv.Mr.Chimalkar along with Ld.Adv.Mr.Amit Desai for the applicant/
accused.
Ld.S.P.P Mr.Chavan for the State.
CORAM :
DATED :
H.H.THE SPECIAL JUDGE
SHRI R.M.PANDE
(C.R.NO.45)
12th February,2016
ORDER
(Dictated in open Court)
This is an application for bail filed by the applicant/accused. He
prayed for bail on the grounds mentioned in the application.
2.

On this application I have called for say of the learned S.P.P. Learned
SPP filed say.
3.

During the course of hearing on the present application, applicant/
accused Vyomesh Shah, who is Managing Director of Hubtown Ltd., filed
an undertaking, mentioning therein that Hubtown Ltd. will deposit
amount of Rs.59 crores in the court on behalf of accused Nos.1 to 3 and
therefore, applicant prayed for releasing him on bail.

.. 2 ..

4.

BA 13/2016
Considering this undertaking and on hearing learned SPP and the
applicant, the order on remand application is passed and accused are taken
in JC.

While considering the bail application learned SPP filed say,
mentioning therein that he does not have any objection to release the
accused on bail, if the accused is going to abide the terms and conditions
mentioned in undertaking, which has been filed by accused Vyomesh Shah.
5.

The applicant/accused is ready to deposit amount of Rs.59 crores in
the
Court.

Accordingly,
applicant/accused
Vyomesh
Shah
filed
undertaking and shown readiness to deposit amount Rs.5 crores in the
Court today, on behalf of Hubtown Ltd, and ready to deposit remaining
amount of Rs.54 crores by way of installments of Rs.5 crores per month.
6.

The allegations against the accused is with respect to Rs.112 crores,
out of which Rs.60 crores is an immovable property. As per submissions of
learned SPP, if the accused is ready to deposit amount of Rs.59 crores then
he does not have any objection to release the accused on bail. However, he
prayed certain conditions may be imposed, as the presence of accused may
be required for further investigation.
7.

In view of above and submissions of the accused regarding
deposition of amount; and the fact that applicant/accused No.1 Vyomesh
Shah undertook to deposit Rs.59 crores, on behalf of Hubtown Ltd, I am
inclined to release the applicant/accused on bail, as prayed. This order is
passed only on showing readiness and willingness of the accused to deposit
the amount and neither the applicant/accused nor the prosecution is heard
on merits and all the issues are kept open.

.. 3 ..

8.

BA 13/2016
In view of above, I pass the following order :н
ORDER
1. Bail application No.13 of 2016 is allowed.
2. Applicant/accused Vyomesh Shah be released on bail on
executing PR bond of Rs.50,000/н with one solvent surety of
like amount and on conditions that,
i) Hubtown Ltd shall deposit amount of Rs.5 crores, on
behalf of the applicant/accused, in the Court today.
ii) The remaining amount i.e Rs.54 crores shall be deposited
by the Hubtown Ltd., as per undertaking given by the
applicant/accused
No.1
Vyomesh
Shah,
by
way
of
installments of Rs.5 crores per month.
iii) Installments of Rs.5 crores shall be deposited on every
30th date of month and the first installments shall fall due on
30.3.2016.
iv) Applicant/Accused
shall
attend CID office, Belapur,
Navi Mumbai thrice in a week i.e on Wednesday, Thursday
and Friday between 11.00 a.m. to 2.00 p.m. for four weeks
from today and thereafter, shall attend CID office as and
when called by CID.
v) Applicant/accused shall coнoperate the investigation.
vi) Applicant/accused shall not tamper with the evidence of
the prosecution and shall not pressurize the witnesses in any
way.
3. Applicant/accused is allowed to be released on cash bail till
30.3.2016.

.. 4 ..

BA 13/2016
4. Office to accept the cash bail after treasury hours.
5. Application is disposed of accordingly.

(R.M.PANDE)
Special Judge (Under PC Act)
Gr. Bombay
Dt.:12/2/2016
Dictated on
Typed on
: 12.2.2016
: 18.2.2016
УI affirm the contends of this PDF file order are the
same, word to word, as per the original orderФ
Name of Steno with post
:н Kishor Prakash Sherwade
Stenographer (H.Gr.)

Name of the Judge (with :н Ravindra M. Pande, (C.R.No.45)
Court No.)
Addl.Sessions Judge, Gr.Bombay
Date of pronouncement of :н 12.2.2016
Order
Order signed by the P.O. on
:н 22.2.2016
Order uploaded on
:н 24.2.2016