Yogesh Anant Mane Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 50 of 2016

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IN THE COURT OF SESSIONS FOR
GR.BOMBAY AT BOMBAY
BAIL APPLICATION NO.50 OF 2016
IN
ACB CR NO.42 OF 2016
Yogesh Anant Mane,
Occupation: Service
aged about 38, resident of Flat No.
202, Ground floor, Shreeji Dham,
AнWing, near T.V.Tower, Badlapur(E),
Dist.Thane.

..Applicant
Versus
The State of Maharashtra
(At the instance of ACB Worli)
..Respondent
Ld. advocate Mr.I.P.Mishra for the applicant
Ld. APP Mr.Lade for the State.
CORAM: HIS HONOUR THE SPECIAL JUDGE
SHRI S.V.RANPISE(CR NO.17)
DATE: 04/07/2016
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.42 of 2016
filed in Remand Application No.43 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 after his custodial interrogation, 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 Badlapur,Thane, he has his
family to look after, he is 38 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, he has falsely
involved in the said crime etc.,.
3.

State has filed say through Ld. APP Mr.Lade and raised
strong objection to allow this application on the ground that
investigation is at the preliminary stage and certain documents are
required to be collected from the house of accused.
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.I.P.Mishra 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
Badlapur, Dist.Thane.

He is a public servant.

No doubt that
tainted amount is alleged to have recovered from his possession,
but ,he has seriously challenged is involvement in the said crime
and he has shown his ready and willingness to abide by any
conditions imposed by the Court. So also his family depends upon
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.15,000/н (Rs. fifteen thousand only)
with one or more solvent sureties in the like amount
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subject to the conditions that
(i).

Applicant should remain present before the
investigating officer at ACB office, Mumbai
on every Monday and Wednesday in between
11.00 a.m. and 1.00 p.m.

(ii).

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

(iii). Applicant should not leave Mumbai and Thane
without prior permission of the Court.

04/07/2016.

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 :4/7/16
Judgment signed on: 4/7/16
Judgment uploaded on: 19/7/16
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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.15,000/н for the period of
four weeks.
Registrar(S) is directed to accept the cash
after office hours.

04/07/2016.

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
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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
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.

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