BA 25-2017
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IN THE COURT OF SESSIONS FOR
GR.BOMBAY AT BOMBAY
BAIL APPLICATION NO.25 OF 2017
IN
REMAND APPLICATION NO.01 OF 2017
IN
ACB, GMU MUMBAI CR NO.65/2016
Mr.Rajesh Govind Chandugade
Ageн32 years, Occ: Service
R/at: 1902, Mahavir Plaza
Sec.19, Airoli, New Mumbai
..Applicant
Versus
The State of Maharashtra
(At the instance of A.C.B.Worli,
C.R.No.65/2016, Mumbai)
..Respondent
Ld. advocate Mr.Sumedh Waghmare for the applicant
Ld. APP Mr.Lade for the State.
CORAM: HIS HONOUR THE SPECIAL JUDGE
SHRI S.V.RANPISE(CR NO.17)
DATE: 04/01/2017
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.65 of 2016
filed in Remand Application No.01 of 2017 registered with A.C.B.
Mumbai for the offences punishable u/s. 7,12,13(1)(d) r/w 13(2)
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of The Prevention of Corruption Act, 1988 registered against this
applicant and other accused.
2.
Applicant was arrested in the present C.R.
registered with ACB, Mumbai on 04/01/2017 and since then he is
in custody. Now custodial interrogation is over and therefore he
has filed this application on the following grounds:н
GROUNDS
That he is permanent resident of Airoli, New Mumbai,
he is falsely implicated in the present crime, he is
ready and willing to abide by any conditions imposed
by the Court , he has his family to look after, etc.,.
3.
State has filed say and raised objection on the
grounds that this applicant alongwith private person committed the
said offence. The investigation is at primary stage and statement of
the witnesses is required to be recorded and therefore State has
prayed for rejection of this application.
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.Waghmare for the
applicant and Ld. APP Mr.Lade for the State. Heard investigating
officer Mr.Lodhi.
Point No.1
7.
From the submissions it is gathered that
custodial interrogation of the present applicant is over. Applicant is
permanent resident of New Mumbai and he has has shown his
ready and willingness to abide by any conditions imposed by the
Court. Moreover, the bribe amount is alleged to have recovered
from one of the accused who is a private person. So, though the
State has raised objection, but, Ld. A.P.P. Mr.Lade has submitted to
impose condition of attendance. Considering the said facts and
circumstances and when the person who has accepted the amount
is already released on bail, I hold it proper to allow this application
by imposing certain conditions. So, 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.20,000/н
(Rs.twenty thousand only) with one or
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more solvent sureties in the like amount,
subject to the conditions that Applicant
should not leave Mumbai and Thane
without prior permission of this Court,
should not pressurize the witnesses, &
tamper with the evidence and should
attend concerned A.C.B. Office on every
Tuesday and Friday in between 11.00 a.m.
to 1.00 p.m. till filing of the chargeнsheet.
07/01/2017.
S.V.RANPISE
SPECIAL JUDGE,
UNDER P.C.ACT
MUMBAI.
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Ex.2
5
Application filed by adv. Mr.Waghmare for cash
Security.
Court passed order below Ex.2:н
ORDER
Perused the application.
Say filed by A.P.P.
Heard Adv.Mr.Waghmare.
Application is allowed.
Applicant is allowed to submit provisionally
cash security of Rs.20,000/н for the period of
four weeks.
Registrar(S) is directed to accept the cash
after office hours.
07/01/2017.
S.V.RANPISE
SPECIAL JUDGE.
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‘CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDERФ.
07/01/17 at 5.00 pm.
MRS.T.C.KAMBLE
Name of the Judge
HHJ SHRI S.V.RANPISE, CR NO.17
Date of Pronouncement of
judgment/order
07/01/2017
Judgment and order signed by P.O.
07/01/2017
Judgment/order uploaded on
07/01/2017