Mumbai, Maharashtra – A Customs Appraiser, Jagmohan Sagar, who was arrested by the Central Bureau of Investigation (CBI) in a corruption case, has been granted bail by the Special Judge for CBI cases at Greater Bombay, Shri A.S. Sayyad. The order, pronounced on June 22, 2021, allows Sagar’s release on his execution of a personal recognizance (P.R.) bond of ₹1,00,000, along with one independent solvent surety for the like amount. A provisional cash bail of ₹1,00,000 has also been granted for two months.

Sagar, residing in Kharghar, Navi Mumbai, and currently lodged in Arthur Road Central Jail, was arrested in connection with RC No. 0682021 E 0006, registered with CBI, EOB, Mumbai. He faces charges under Section 120-B of the Indian Penal Code (IPC) read with Sections 7, 7(A), and 8 of the Prevention of Corruption Act, 1988 (as amended in 2018).

The CBI’s case alleges that Sagar, through co-accused Mahadev Kumkar, collected illegal gratification from Importers/Customs House Agents (CHAs) for clearing import consignments. A joint surprise check conducted at APM Terminal revealed that between September 2020 and April 2021, approximately ₹44 lakhs were collected from CHAs/Importers/their representatives by Kumkar, allegedly on behalf of Sagar, and kept for safekeeping at Kumkar’s house. This amount was reportedly produced by Kumkar to the CBI team.

Furthermore, during the surprise check, ₹50,000 was found and recovered from Sagar’s vehicle, which was parked inside the APM Terminal. This amount was identified by Sagar as illegal gratification. The co-accused, Mahadev Kumkar, also produced ₹6,830 he collected for clearance of consignments. The CBI further noted that representatives of two CHAs had given written complaints alleging that ₹3,000 and ₹1,500 respectively were paid to Kumkar at Sagar’s instance. It was also alleged that Kumkar threw ₹36,000 from his collections upon learning of the CBI’s proceedings.

During the bail hearing, Mr. Prashant Mishra, the advocate for Sagar, argued for his client’s release. Ld. Special Public Prosecutor Shri. J.K. Sharma, representing the CBI, opposed the bail application, stating that the offense was serious, there was prima facie involvement of the applicant, and sufficient incriminating material had been revealed. The investigating officer, Shri Ashok Yadav, Deputy Superintendent of Police, CBI/EOB/Mumbai, expressed apprehension that if enlarged on bail, Sagar might hamper prosecution witnesses, especially since the investigation was at a crucial stage.

However, the Special Judge, Shri A.S. Sayyad, in his detailed oral order, took into consideration several key points. The court noted that while Sagar allegedly accepted illegal gratification through the co-accused, and ₹50,000 was recovered from his vehicle, the investigation had not been completed within the prescribed period of 60 days. The CBI itself stated that the final report was pending due to the “want of sanction for the prosecution from the concerned department,” implying that the “investigation appears to be at the fag of end.”

A significant factor in the court’s decision was the fact that a co-accused in the same matter had already been enlarged on “default bail” due to the prosecution’s failure to complete the investigation within the stipulated time. The court observed that “almost major investigation is completed including recording the statement of relevant witnesses,” and “there no appears remained now any recovery or discovery from the applicant.”

While acknowledging the investigating officer’s apprehension about witness tampering, especially concerning attempts by “some unknown persons” to pressurize witnesses, the court found that this concern could be addressed by imposing “stricter conditions.” The judge also considered that Sagar is a Central Government employee and a local resident of Mumbai, and noted the uncertainty of regular trials in the “pandemic days.”

In view of these circumstances, the court concluded that no prejudice would be caused to the prosecution if Sagar was released on bail, subject to stringent conditions.

The conditions for Jagmohan Sagar’s bail include:

• He shall not directly or indirectly make any inducement, influence, pressurize, threaten, or promise to anybody acquainted with the facts of the accusations to dissuade them from disclosing facts to the court or investigating agency.
• He shall not tamper with prosecution evidence in any manner whatsoever.
• He must furnish a copy of his Aadhar card and all other documents pertaining to his permanent residence to the CBI.
• He shall not change his permanent residence and shall not leave the City of Mumbai without prior written permission of the court.
• In the event of any violation of these conditions, the prosecution will be at liberty to seek cancellation of his bail.

The Criminal Bail Application No. 313 of 2021 has been disposed of accordingly.