Anil Shankar Mhaske Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 688 of 2019

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BA 688/19 RA 864/19
IN THE COURT OF HON’BLE SPECIAL JUDGE
UNDER THE PREVENTION OF CORRUPTION ACT
FOR GR. MUMBAI, AT MUMBAI
BAIL APPLICATION NO. 688 OF 2019
IN
A.C.B. R. A. 864 OF 2019
Anil Shankar Mhaske
… Applicant/Orig.Accd.

V/s
The State of Maharashtra
(Through A.C.B. Mumbai C.R.No.26/19)
… Respondent/
Complainant.

Appearances: Ld.Adv.Mr. Abhijit Mantri for the applicant
Ld. APP Mr. Siroya for the State.
Coram :
Date :
Ashutosh N. Karmarkar
Special Judge (Court Room No.54)
6th August, 2019
ORDER
This is an application under Sec. 439 of the Cr.P.C., for
releasing the applicant/accused on bail.
2.

According to the applicant/accused he was arrested on
03.08.2019, in connection with C.R. No. 26 of 2019, of the ACB
Mumbai, under Sec. 7, 12 of the Prevention of Corruption Act. The
applicant was in police custody till 05.08.2019 and then he was taken in
judicial custody. The application is filed on the ground of innocence
and false implication.
Govandi, Mumbai.

The applicant is a permanent resident of
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3.

BA 688/19 RA 864/19
The prosecution has objected the application by filing reply
Exh.2. They have objected on the ground that the investigation is at
preliminary stage. Secondly, one of the accused is still to be arrested.
The applicant may pressurize the witnesses.
4.

I have heard both the sides.

5.

It appears that the applicant is serving in Corporation. He
is a resident of Govandi, Mumbai.

There are no chances of
abscondance. Tainted amount is recovered from the applicant. Voice
sample of this applicant is to be taken.

Substantial part of the
investigation is over. Further detention of the applicant appears to be
unwarranted.

The
punishment
prescribed
imprisonment to the extend of seven years.

for
the
offence
is
So far as objections
regarding possibility of pressurizing the witnesses and the stage of
investigation is concerned, certain conditions can be imposed.
6.

For the reasons recorded above, I am of the opinion that,
he can be released on bail. Accordingly, I proceed to pass order in
following terms.
ORDER
1.

Bail Application No. 688 of 2019 in ACB Remand Application No.

864 of 2019 is allowed.
2.

Applicant/Accused Anil Shankar Mhaske, be released on bail on
his executing PR Bond of Rs. 15,000/­ and surety bond in like amount
with one or more sureties.

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3.

BA 688/19 RA 864/19
He shall not tamper with the evidence and the prosecution
witnesses.
4.

He shall attend the office of I.O. on alternate Sunday starting
from 18.08.2019 in between 12.00 noon to 01.00 p.m., for the period of
two months or till filing of the chargesheet whichever is earlier.
5.

Bail application No. 688 of 2019 is disposed of accordingly.
(Ashutosh N. Karmarkar)
Spl. Judge,
under the P.C. Act,
Gr.Mumbai.

Date: 06.08.2019
Dictated on
Transcribed on
Date of sign
: 06.08.2019
: 07.08.2019
: 07.08.2019
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BA 688/19 RA 864/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME
:
07.08.2019
NAME OF STENOGRAPHER
:
S.S.BATHE
5.20 P.M.

Name of Judge (with Court Room No.)

Shri A.N. KARMARKAR
(C.R.No.54)
Date of Pronouncement of
JUDGMENT /ORDER
06.08.2019
JUDGMENT /ORDER signed by P.O. on 07.08.2019
JUDGMENT /ORDER uploaded on
07.08.2019