B.A. No 482/18 in ACB R.A. No. 700/18.

1
Order.

CNR NO. MHCC02­009129­2018.
IN THE COURT OF SPECIAL JUDGE,
(UNDER THE PREVENTION OF CORRUPTION ACT)
FOR GR. MUMBAI, AT MUMBAI
BAIL APPLICATION NO. 482 OF 2018
IN
ACB REMAND APPLICATION NO. 700 OF 2018
IN
CRIME NO. 28 OF 2018
Ramakant Bhagoji Dongre,
age 45 years, an adult Indian Inhabitant,
residing at Flat No. 27, Parvati Niwas,
Tidike Colony, Mathoshree Nagar,
Nasik
…Applicant
Versus
The State Of Maharashtra
(At the instance of ACB, Mumbai
C.R.No. 28/18)
…Respondent
Appearance:­
Learned Advocate Mr. Girish Kulkarni for Applicant/Accused.
Learned APP Mr. S.D.Gonsalvis for Respondent/ACB.
CORAM : HIS HONOUR JUDGE SHRI S.J.BIYANI.
SPECIAL JUDGE (UNDER P.C.ACT).
(C.R.NO.46).
DATED : 24th JULY, 2018.
ORDER
Perused the application and say filed by APP. Heard both
sides.
2.

Advocate for accused submitted that accused is innocent
B.A. No 482/18 in ACB R.A. No. 700/18.

2
Order.

and falsely implicated in present case. Accused is in custody initially
with police and now in judicial custody and nothing is remained to
recover from accused. Further voice samples are taken during earlier
custody. There is no any necessity to keep accused further in judicial
custody. Accused is ready to abide conditions imposed by Court while
considering application.
3.

APP and IO objected the application on the ground that
crime is at the stage of primary investigation and yet investigation is
required about the cash found in the hand­bag and drawer of accused.
Further whether there are any other accused involved in committing
offence and statement of witnesses are to be taken. Hence prayed for
rejection of application.
4.

On perusal of papers, it shows that initially the accused was
remanded to police custody and in due course remanded in judicial
custody. It shows that the cash of bribe amount alongwith other cash is
recovered from the accused during incident and investigation is going
on in that regard. While considering the bail application whether if
accused is released on bail the possibility of tampering and giving
threats to the prosecution witnesses is to be considered and whether
accused will commit the offence again and influence the witnesses is to
be considered.

In present case major of the witnesses are public
servants. Therefore question of tampering would not be arise. So far as
considering objection about recording statement of witnesses and
inquiry with accused about involvement and about cash, it can be
carried out by imposing conditions on the accused in that regard and no
any purpose of investigation could be affected if accused is released on
bail. Hence I hold that application needs to be allowed. Therefore I
B.A. No 482/18 in ACB R.A. No. 700/18.

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Order.

proceed to pass following order :
­ ORDER ­
1.

Bail Application No. 482/2018 is allowed.

2.

Accused Ramakant Bhagoji Dongre is released on bail on
furnishing P.R.Bond of Rs.20,000/­ with one or two solvent sureties of
like amount on condition that accused shall not tamper prosecution
witnesses in any way and shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such facts to the Court
or to police officer of tamper with the evidence and accused shall
remain present before investigation officer at the ACB office on every
Sunday and Thursday in between 3.00 p.m. to 6.00 p.m. for assisting
investigation until further order or till filing charge­sheet whichever
occurred earlier.
3.

B.A.No. 482/2018 is disposed of accordingly.

4.

R.A.No. 700/2018 is disposed of accordingly.

(S.J.BIYANI)
Spl. Judge under
P.C.Act, Gr.Mumbai.
Date : 24/07/2018.
1. Dictated on
2. Transcribed on
3. Signed on
4. Delivered to Certified
Copy Section on
: 24/07/2018.
: 24/07/2018.
: 24/07/2018.
:
B.A. No 482/18 in ACB R.A. No. 700/18.

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Order.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
25/07/2018. 11.03 a.m.

NAME OF STENOGRAPHER
Miss M.A.Kulkarni
Name of the Judge (with Court Room no.)

HHJ Shri S.J.Biyani.
(Court Room No.46).

Date of Pronouncement of Judgment/Order 24/07/2018.
Judgment/Order signed by P.O. on
24/07/2018.

Judgment/Order uploaded on
25/07/2018.