A special court in Mumbai has granted bail to Rashesh Joshi, a custom broker and Accused No. 3, in a corruption case being investigated by the CBI, ACB, Mumbai. The order was passed by Special Judge S.M. Menjoge (Court Room No. 50) on June 12, 2023. Joshi was arrested on May 30, 2023, and had been in custody since June 2, 2023.
Joshi is implicated in R.C. No. 026/2023/A0025-CBI, ACB, Mumbai, under Sections 7, 7A, 12 of the Prevention of Corruption Act, read with Section 120B of the Indian Penal Code (IPC).
Case Background
According to the prosecution, Rajesh Rane, a freight forwarding agent in Mumbai, allegedly demanded a bribe of Rs. 20,000/- from a complainant for clearing a consignment from the Air Cargo Complex, Mumbai. This demand was purportedly made for and on behalf of Penter Jayaswal, a Customs Examiner. A trap was laid on May 30, 2023, during which Rajesh Rane was caught red-handed accepting Rs. 12,000/-. It is alleged that Rajesh Rane then paid this amount to Penter Jayaswal. The prosecution further claims that Rs. 5,000/- was paid to the applicant, Rashesh Joshi, on behalf of Shri Jayaswal. Joshi’s alleged role as a custom broker includes not advising his client to follow the provisions of the Custom Act (CBLR 2018).
Arguments Presented
Mr. N.D. Gorge, advocate for Rashesh Joshi, argued that his client is innocent and has not committed any offense. He highlighted that Joshi’s role as a custom house agent concluded once the goods were cleared by the customs officer. Mr. Gorge contended that no useful purpose would be served by keeping Joshi in jail, given that he had been in custody since June 2, 2023.
Mr. Ashish Bilgaiyan, representing the CBI/ACB, strongly opposed the bail application on various grounds, seeking its rejection.
Court’s Observations
Special Judge S.M. Menjoge thoroughly perused the case diary and considered the arguments from both sides. The court also referred to numerous landmark judgments from the Hon’ble Supreme Court concerning the principles for granting or refusing bail.
The court noted several critical factors:
- The case is a trap case by the ACB.
- The bribe amount was recovered from Rajesh Rane, not directly from Joshi.
- The complainant’s consignment was already cleared before the trap was laid.
- The alleged offenses are not punishable with death or life imprisonment.
- All conversations between the accused and the complainant were recorded in DVR, which is in the possession of the ACB.
- The specific role attributed to Joshi is that Penter Jayaswal demanded a bribe through him (Rashish Joshi, the custom broker).
Considering these points, the court concluded that “there is no question of tampering of evidence by applicant.” The court also factored in that Joshi had been in custody since May 30, 2023.
Bail Order
Based on the cumulative assessment of the facts and the legal precedents, the court found that Rashesh Joshi was entitled to bail.
Bail Application No. 476 of 2023 was accordingly allowed. Rashesh Joshi is to be released on bail upon:
- Executing a Personal Recognizance (PR) Bond of Rs. 20,000/- (Rupees Twenty Thousand Only).
- Providing one or two sureties of the like amount.
- He is also permitted to be released on provisional cash bail of Rs. 20,000/- for a duration of four weeks.
The bail is subject to the following stringent 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 specifically 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 prior permission of the Court.
The Bail Application No. 476 of 2023 was disposed of with this order. The order was signed by Special Judge S.M. Menjoge on June 12, 2023, and uploaded on the same day.