IN THE COURT OF SESSIONS FOR
GR.BOMBAY AT BOMBAY
BAIL APPLICATION NO.74 OF 2015
IN
C.R. NO.19 OF 2015
IN
R.A.NO.61 OF 2015
Mr.Anil Dadu Mhaisale,
Age 53 years, police havildaar
residing at D/38, Dadar
Railway Police Quarters,
Dadar TT, Dadar East,
Mumbai 400 014
The said accused is in police custody
..Applicant/
Accused
Versus
State of Maharashtra
(through A.C.B, unit, Mumbai)
..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: 10/12/2015
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.19 of 2015
registered with ACB, Mumbai on the following grounds:н
GROUNDS
That applicant is in judicial custody, he is 53
years of age, he is head police constable by
profession, he is permanent resident of
Mumbai, he has not committed any offence
as alleged, false F.I.R. is registered against
him, he has shown his ready and willingness to
abide by any conditions imposed by this Court,
his family depends upon him, his custodial
interrogation is over, etc.,.
2.
State has filed say and raised objection on the ground
that investigation is at preliminary stage and applicant/accused
was arrested due to illegal demand and acceptance of Rs.900/н.
3.
Following points arise for my determination.
POINTS
4.
follows:н
1.
Is applicant entitled for bail as sought for?
2.
What order?
My findings thereon with reasons thereto are as
FINDINGS
1.
In the affirmative.
2.
As per final order.
REASONS
5.
Heard Ld. Advocate Mr.Parab for the applicant and Ld.
APP Mr.Lade for the State.
Point No.1
6.
From the submissions, it is gathered that custodial
interrogation is over. Applicant is in judicial custody.
service with Bombay police.
He is 53 years of age.
He is in
He is
permanent resident of Dadar, Mumbai. Applicant has shown his
ready and willingness to abide by any condition imposed by this
Court. The grievance is raised by the State against the accused that
there is prima facie material against the accused. But, considering
the nature of allegations and when it would take time to complete
entire investigation and when applicant has shown his ready and
willingness to abide by any conditions imposed upon him and when
he has denied all the allegations levelled against him, I hold it
proper to allow this application by imposing certain conditions on
the applicant. 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 with one solvent surety
in the like amount, subject to the conditions that
Applicant should attend concerned A.C.B. Office
on every Wednesday and Friday in between
11.00 a.m. to 12.00 noon and should not leave
Mumbai without prior permission of Court till
filing of the chargeнsheet and should not
pressurize the witnesses and tamper with the
evidence.
10/12/2015.
JUDGMENT DICTATED ON
JUDGMENT TYPED ON
JUDGMENT SIGNED ON
S.V.RANPISE
SPECIAL JUDGE,
UNDER P.C.ACT
MUMBAI.
:
:
:
10/12/15
10/12/15
10/12/15
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 Wednesday and Friday in between
11.00 a.m. to 12.00 noon and should not leave
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. Mr.Parab for cash
Security.
Court passed order below Ex.2:н
ORDER
Perused the application.
Heard Adv. Parab.
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.
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