R.A. 8/2016
B.A 7/2016
1
IN THE COURT OF SPECIAL JUDGE (CBI) FOR GREATER BOMBAY
BAIL APPLICATION NO. 7 OF 2016
IN
REMAND APPLICATION NO. 8 OF 2016
CBI, ACB, Mumbai,
through Investigating Officer
Е Complainant/ Respdt
Versus
Manohar Sunder Shetty
Aged 44 years, Occ.: Service,
R/O, 15, Aн304, Income Tax Quarters,
Ramashrey, Powai, Mumbai.

… Applicant / Accused
PP Mr. Ashok Bagoria for CBI present
Advocate Mr. S.A. Vasid for applicant/ accused present.

CORAM : HIS HONOUR THE
SPECIAL JUDGE (CBI)
P. S. TARARE (C.R.NO.50).
DATE : 30TH SEPTEMBER, 2016.
ORDER
1.

This is an application for grant of bail for the offence punishable
under Sections 120нB of the Indian Penal Code, 1860 and Section 7, 13(2)
r/w 13(1)(d) of the Prevention of Corruption Act, 1988 in case No.
RC/BA1/2016/A0031. The offence was registered against the accused on
the report of complainant alleging that the accused no. 1 demanded the
amount of Rs. 5 Lakhs towards the bribe. Out of which the share of Mr.
Asgar Zain, Joint Commissioner is Rs. 2 Lakhs and share of the accused no.

R.A. 8/2016
2
B.A 7/2016
1 is Rs. 3 Lakhs. Thereafter, the accused no. 1 reduced the demand of Rs.
5 Lakhs to Rs. 3 Lakhs and the accused no. 1 accepted the bribe on
27/09/2016. It is further alleged that the accused no. 2 accepted the
amount of Rs. 5,000/н from the complainant Shri. Deepak Dave for
preparation of income tax computation form.
2.

Read the application and reply filed by the prosecution. Heard
both sides. Perused case papers.
3.

The learned counsel for the applicant submitted that the accused
was arrested on 27/09/2016. He was produced on 28/09/2016 and was
in PCR till 29/09/2016.

Then after he is in MCR.

The material
investigation is completed and he is ready to abide conditions of grant of
bail.
4.

The prosecution opposed the application on the ground that the
investigation is in progress, there is possibility of tampering prosecution
witnesses and the accused may abscond.
5.

The applicant/ accused is permanent employee of the Central
Government and residing in Mumbai. Therefore, there is no possibility of
his absconding anywhere. So far as the trap is concerned the material
investigation is completed. The purpose of the prosecution will be served
if the applicant/ accused is released on bail on imposing certain conditions.
Hence, I pass the following order:
R.A. 8/2016
B.A 7/2016
3
ORDER
1.

Bail Application No. 7/2016 is allowed.

2.

Accusedн Shri. Manohar Sunder Shetty be released on his
executing PB of Rs. 25,000/н(Rs. Twenty Five Thousand Only) with one or
two solvent sureties in the like amount, on the condition that :н
a)
Applicant/accused shall not leave India without prior
permission of the court.
b)
Applicant/accused shall attend the office of CBI,
Mumbai on every Monday in between to 12.00 noon to 02.00
pm. for three months from the date of this order and shall coн
operate in investigation.
c)
Applicant/accused shall not directly or indirectly make
any inducement, threat or promise to any person acquainted
with the case or tamper with the prosecution witnesses in any
manner.
Bail Application No. 7/2016 stands disposed off accordingly.

Date:н30.09.2016
Dictated on
Transcribed on
Corrected on
Signed on
: 30.09.2016.
: 30.09.2016.
: 30.09.2016.
: 01.10.2016.

(P. S. Tarare)
Special Judge (CBI),
City Civil & Sessions Court,
Gr. Bombay.

R.A. 8/2016
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B.A 7/2016
УI affirm that the contents of the PDF file order/judgment are the same,
word to word, as per the original order.Ф
Name of the Judge (with Court Room no.) :н H.H.J. Shri. P. S. Tarare
(C.R. No. 50)
Name of Steno with post
:н Mrs. Supriya S. Girkar
(L.G. Stenographer)
Date of pronouncement of order/judgment :н 30.09.2016.
Order signed by the P.O. On
:н 30.09.2016.
Order uploaded on
:н 01.10.2016.