Mumbai Court Grants Bail to Pramod Dinkar Bhosale BMC Employee in Bribery Case, Citing Completed Investigation and Low Flight Risk

Mumbai, Maharashtra – A Special Judge appointed under the Prevention of Corruption Act in Mumbai has granted bail to Pramod Dinkar Bhosale, an employee of the Mumbai Municipal Corporation, who was arrested on charges of demanding and accepting a bribe. The order was issued by Special Judge D.K. Gudadhe (C.R. No. 46) on April 20, 2018.

Bhosale had filed Bail Application No. 296 of 2018 in connection with C.R. No. 15/18 registered by the Anti-Corruption Bureau (ACB) Mumbai Unit.

Ld. Adv. Mr. Jambulikar, representing the applicant, argued that his client was innocent and that the investigation in the case was “almost complete,” with nothing further requiring his custody. He emphasized that Bhosale has a permanent residence in Mumbai, making it unlikely for him to abscond, and therefore, he should be granted bail.

Ld. APP Mr. Gonsalves, appearing for the State, strongly opposed the application, expressing concerns that the accused might abscond (“jump over the bail”) or tamper with prosecution evidence.

Upon reviewing the remand papers, the court noted that while “some investigation in respect of the property which found in possession of the accused is require to be completed,” it had previously been determined that such investigation followed specific procedures outlined in the ACB Manual, and did not necessitate custodial interrogation. This implied that the “investigation is almost complete” regarding the core allegations.

Addressing the prosecution’s objections, Judge Gudadhe found “less likelihood” of Bhosale absconding, given his status as a permanent resident of Mumbai and his employment with the Mumbai Municipal Corporation.

Regarding the concern of tampering with evidence, the court observed that the investigation into the “demand and acceptance of bribe is almost complete.” Furthermore, the judge reasoned that since the prosecution witnesses were likely government servants, there was “less likelihood of doing influence by the accused.” Consequently, the court found “less substance in this objection of the prosecution.”

The order also contained a curious remark from the judge regarding the Ld. APP’s submission, noting that the defense copy was served late, but the APP “failed to understand what exactly he wants to convey from this say,” as no time was sought to file a reply. The judge added, “Let it as it may.”

Concluding the deliberation, the court stated that there was “less chance of accused fleeing away from justice or any way tampering the prosecution case.” The judge added that if the prosecution still harbored such fears, suitable conditions could be imposed. Ultimately, the court determined that the accused could “very well be enlarged on bail.”

The court issued the following order:

  1. Pramod Dinkar Bhosale is to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only), with one or two sureties of the like amount.
  2. The accused is directed to attend the Anti-Corruption Bureau, Mumbai, every day for 7 days, from 11:00 a.m. to 1:00 p.m., and cooperate with the Investigating Officer for any further investigation.
  3. He is directed not to win over witnesses or tamper with prosecution evidence in any manner whatsoever.
  4. He is also directed to attend the Anti-Corruption Bureau, Mumbai, as and when called by the Investigating Officer concerning the crime in question.

The bail application was disposed of accordingly. The order was dictated on April 21, 2018, and signed on April 25, 2018.