B.A.No. 7/19 in R.A.No. 5/19.
1
Order.
CNR NO. MHCC020001222019.
IN THE COURT OF SPECIAL JUDGE,
(CONSTITUTED UNDER THE PREVENTION OF CORRUPTION ACT)
FOR GR. MUMBAI, AT MUMBAI
BAIL APPLICATION NO. 7 OF 2019
IN
ACB REMAND APPLICATION NO. 5 OF 2019
Mr. Anand Sitaram Bhoir
Age – 43 yrs., Occ: Service,
R/O : 802, Unique Hights, Poonam Garden,
Meera Road (E), Dist. Thane
…Applicant/Accused No.1
Versus
The State Of Maharashtra
(At the instance of A.C.B. Worli, Mumbai
Vide C.R.No. 01/2019)
…Respondents
Appearance:
Learned Advocate Mr. V.G.Bagade for Applicant/Accused No.1.
Learned APP Mr. S.E.Soshte for State/ACB.
CORAM : HIS HONOUR JUDGE SHRI S.J.BIYANI.
SPECIAL JUDGE (UNDER P.C.ACT).
(C.R.NO.46).
DATED : 7th JANUARY, 2019.
ORDER
Perused application, say of respondent. Heard both sides.
2.
Present application is filed by accused for bail contending
that accused is innocent and falsely implicated in present case. The
complainant is habitual complainant and filed numerous cases against
various government officers.
Applicant/accused is Police Inspector
having very good service record having secured about 150 meritorious
B.A.No. 7/19 in R.A.No. 5/19.
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Order.
medals for good service and also felicitated by office of Commissioner of
Police
and
the
Chief
Minister
on
several
occasions.
The
applicant/accused is investigating officer in C.R.No. 97/2018 under
Section 65(e), 81, 83, 90, 108 of Maharashtra Liquor Prohibition Act
and in said matter one Nikung Patel, brother of complainant is wanted
accused.
During the course of investigation of C.R.No. 97/2018
applicant was investigating into ownership in the liquor shop by name
Liberty Wine Shop.
3.
Respondent have filed say and objected application on the
ground that CCTV footage of the spot of trap are to be obtained and
possibility of destroying the documents relating to the immovable
property found during search of farm house of accused cannot be
denied if accused released on bail. Further investigation is at primary
stage and possibility of tampering the prosecution witnesses cannot be
denied in case of releasing on bail.
4.
The counsel for accused argued that in trap case after
completing the trap the material investigation is completed and
recording of evidence and statement is remained. So far as considering
objection about destroying the documents, the respondent have
disclosed in say about receiving documents.
question of destroying could not survive.
In that circumstances,
So far as considering the
CCTV footage, accused voluntarily submitted that accused would not
enter Andheri Police Station area till receiving the CCTV footage. APP
argued that the investigation is in primary stage and possibility of
tampering the prosecution witnesses cannot be denied. After perusing
the say it shows that investigation officer have received the documents
during the search of farm house of accused. It also shows that accused
B.A.No. 7/19 in R.A.No. 5/19.
3
Order.
hold meritorious record of his service. The counsel for accused relied
on judgment reported in
2001 BomC.R. Crime (Khemlo Sakharam Sawant V/s. State).
5.
While considering present application, the objection raised
by respondent if considered, it shows that they can be fulfilled by
imposing conditions and no any purpose can be served by keeping
accused in jail.
Therefore in such circumstances, I found that
application is to be allowed. Hence following order :
ORDER
1.
Bail Application No. 7/2019 is allowed.
2.
Accused Anand Sitaram Bhoir is released on bail on
furnishing P.R.Bond of Rs.50,000/ with solvent surety of like amount
on condition that accused shall remain present before investigation
officer on every Monday and Friday in between 12.00 noon to 3.00 p.m.
at Anti Corruption Bureau to facilitate investigation till filing charge
sheet and accused shall not directly or indirectly make any inducement,
threat to any person acquainted with the facts of case so as to dissuade
him from disclosing such facts to investigation officer and shall not
tamper prosecution witnesses in any way.
3.
B.A.No. 7/2019 is disposed of accordingly.
4.
R.A.No. 5/2019 is disposed of accordingly.
Date : 07/01/2019.
(S.J.BIYANI)
Spl. Judge under
P.C.Act, Gr.Mumbai.
B.A.No. 7/19 in R.A.No. 5/19.
1. Dictated on
2. Transcribed on
3. Signed on
4. Delivered to Certified
Copy Section on
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Order.
: 07/01/2019.
: 07/01/2019.
: 07/01/2019.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
07/01/2019. 5.13 p.m.
NAME OF STENOGRAPHER
Miss M.A.Kulkarni
Name of the Judge (with Court Room no.)
HHJ Shri S.J.Biyani.
(Court Room No.46).
Date of Pronouncement of Judgment/Order 07/01/2019.
Judgment/Order signed by P.O. on
07/01/2019.
Judgment/Order uploaded on
07/01/2019.