Mumbai, Maharashtra – June 12, 2023 – The Special Judge for CBI cases at Greater Bombay, S.M. Menjoge (Court Room No. 50), today granted bail to Suraj Pramod Kadam (29) in Bail Application No. 475 of 2023. Kadam was implicated in RC 026/2023/A0025-CBI, ACB, Mumbai, facing charges under Sections 7, 7A, and 12 of the Prevention of Corruption Act, read with Section 120B of the Indian Penal Code (IPC).

Kadam, who had been in judicial custody since June 2, 2023, sought bail under Section 439 of the Cr.P.C.

The Allegations:

The case, initiated by the CBI’s Anti-Corruption Bureau (ACB) in Mumbai, involves allegations of bribery related to the clearance of a consignment from the Air Cargo Complex. The prosecution’s case states that Rajesh Rane, a freight forwarding agent, demanded a bribe of Rs. 20,000 from the complainant on behalf of Penter Jayaswal, a customs examiner.

A trap was subsequently laid on May 30, 2023, during which Rajesh Rane was reportedly caught red-handed accepting and demanding Rs. 12,000 from the complainant. The prosecution confirmed that Rane later paid Rs. 12,000 (after a settlement) to Penter Jayaswal for the consignment’s clearance. The specific accusation against Suraj Kadam is that he allegedly received Rs. 5,000 on behalf of Mr. Jayaswal.

Defense Arguments:

Mr. Pratik Karande, the advocate for Suraj Kadam, argued that his client was innocent and had not committed any offense. He highlighted that Kadam had been in jail since June 2, 2023. A key point of the defense was that Kadam’s name was disclosed only by a co-accused, which, according to legal principles, might not be admissible as primary evidence. Mr. Karande contended that no further purpose would be served by keeping the applicant in judicial custody.

Prosecution’s Opposition:

Mr. Ashish Bilgaiyan, the Additional Public Prosecutor (APP) for the CBI/State, strongly opposed the bail application, seeking its rejection on various grounds.

Court’s Deliberation and Key Findings:

Special Judge S.M. Menjoge thoroughly perused the case diary and considered the arguments from both sides. The court also took into account a comprehensive list of precedents from the Hon’ble Supreme Court regarding the principles governing the grant or refusal of bail.

The court’s analysis focused on several critical factors:

• Trap Case: It was noted that this was a trap case conducted by the ACB.
• Amount Recovery: The bribe amount was directly recovered from co-accused Rajesh Rane, not from Kadam.
• Consignment Clearance: The consignment belonging to the complainant was already cleared before the trap was even laid. This suggests that Kadam’s alleged involvement might not have directly impacted the primary act of customs clearance.
• Punishment Severity: The offenses are not punishable with death or life imprisonment.
• Evidence in Custody: All conversations between the accused and the complainant were recorded in a Digital Voice Recorder (DVR), which is in the possession of the ACB.
• Disclosure by Co-Accused: The court acknowledged that the present applicant’s name was disclosed by a co-accused, implicitly raising questions about its standalone evidentiary value at the bail stage.
• Completed Search: The CBI had already conducted a search of Kadam’s house. This eliminated the concern of the applicant tampering with physical evidence.
• Custody Duration: Kadam had been in custody since May 30, 2023 (though the order mentions arrest on 30.5.2023 and in jail since 2.6.2023, indicating pre-remand custody and then judicial custody).

Considering these facts, particularly the absence of direct recovery from Kadam, the pre-existing clearance of the consignment, the custodial nature of key evidence (DVR), and the completion of house searches, the court concluded that there was no risk of Kadam tampering with evidence.

Bail Granted with Conditions:

Based on the cumulative assessment, Special Judge S.M. Menjoge concluded that Suraj Pramod Kadam was entitled to bail. The court consequently allowed Bail Application No. 475/2023 and ordered Kadam’s release on executing a Personal Recognizance (PR) Bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one or two sureties of the like amount.

The bail is subject to the following conditions:

• He shall not pressurize the prosecution witnesses in any manner.
• He shall not commit any offense while on bail.
• He shall attend the dates of Court regularly unless exempted by the Court.
• He shall furnish his correct address to the investigating officer.
• He shall surrender his passport in the office of CBI, ACB, Mumbai, and shall not leave India without the permission of the Court.

Additionally, the court granted a provisional cash bail of Rs. 20,000/- for a duration of four weeks, allowing Kadam immediate release while he arranges for the sureties.

The bail application stands disposed of accordingly.