Prashant Dattatray Vanjalkar Vs State of Maharashtra Criminal Bail Application No 34 of 2017

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IN THE COURT OF SPECIAL COURT
FOR GR.BOMBAY
BAIL APPLICATION NO.34 OF 2017
IN
ACB CR NO.01 OF 2017
Prashant Dattatray Vanjalkar
Hindu, age 47, Adult, Indian Inhabitant,
Occ: Service, R/a: B/199/06,
Government Colony, Bandra(E),
Mumbaiн400 051.

..Applicant
Versus
The State of Maharashtra
(At the instance of ACB, GMU)
..Respondent
Ld. advocate Mr. Manohar Kandalkar for the applicant
Ld. APP Mr.Lade for the State.
CORAM: HIS HONOUR THE SPECIAL JUDGE
SHRI S.V.RANPISE(CR NO.17)
DATE: 16/01/2017
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.01 of 2017
registered with A.C.B. Mumbai in Remand Application No.42 of
2017.
2.

Facts which gave rise in filing this application, in short,
are as under:н
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2.

Applicant is arrested in connection with the said
offence for the offences punishable u/s. 7,13(1)(d) r/w 13(2) of
The Prevention of Corruption Act, 1988 which was registered on
the basis of complaint lodged by one Ganesh Patel on 12/01/2017.
Since then he was in police custody and 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 Mumbai, he is falsely
implicated in the case, he is a public servant, he has no
criminal antecedents, he is ready and willing to coн
operate with the investigating machinery, etc.,.
3.

State has filed say and raised objection to allow this
application on the ground that investigation is at preliminary stage
and applicant had demanded Rs.1.50 lacs and was arrested while
accepting the said amount and there is ample material against him.
4.

Following points arise for my determination.
POINTS
5.
follows:н
1.

Is applicant entitled for bail as sought for?

2.

What order?

My findings thereon with reasons thereto are as
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FINDINGS
1.

In the affirmative.

2.

As per final order.

REASONS
6.

Heard Ld. Advocate Mr.Kandalkar 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 and the recovery is complete. Applicant has
shown his ready and willingness to help the investigating
machinery in further investigation. Moreover, he has raised the
ground that he has his family to look after and he is a public
servant.
8.

No doubt the grievance is raised that investigation is at
preliminary stage but considering the facts that custodial
interrogation is over and applicant has shown his ready and
willingness to help the investigation machinery and when
investigating officer Mr.Patil and Ld. APP Mr.Lade
frankly
submitted to impose condition of attendance, 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.

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2.

Applicant be enlarged on Bail on executing
P.R.Bond of Rs.25,000/н (Rs.twenty five
thousand only)
with one or more solvent
sureties in the like amount subject to the
conditions that
(i).

Applicant should remain present before
the investigating officer at ACB office,
Mumbai on every Tuesday between 11.00
a.m. and 2.00 p.m. till filing of the
chargesheet.

(ii).

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

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

16/01/2017.

S.V.RANPISE
SPECIAL JUDGE,
UNDER P.C. ACT
GR.MUMBAI.

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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.25,000/н for the period of
four weeks.
Registrar(S) is directed to accept the cash
after office hours.

16/01/2016.

S.V.RANPISE
SPECIAL JUDGE.

‘CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDERФ.

16/01/17 at 5.00 pm.
MRS.T.C.KAMBLE
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Name of the Judge
HHJ SHRI S.V.RANPISE, CR NO.17
Date of Pronouncement of
judgment/order
16/01/2017
Judgment and order signed by P.O.

16/01/2017
Judgment/order uploaded on
16/01/2017
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