Bhagyasheela Vyankatrao Shinde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 186 OF 2015 Smt. Bhayasheela Vyankatrao Shinde ... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Vishwanath S. Talkute, advocate for Applicant. Mr. D.P. Adsule, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : JANUARY 29, 2015 P.C.:

Heard the learned Counsel for the applicant and Learned APP for State. Perused the papers.

This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 21/1/2015 in Crime No. 3003 of 2015 registered at Sawantwadi Police Station by Anti Corruption Bureau for offence punishable under Section 7, 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

1/3

It appears that this is a trap case, in which the applicant is alleged to have accepted Rs. 35,000/- as an illegal gratification. She was in police custody for one day. She has been in magisterial custody since 21/1/2015. By virtue of proviso to Section 437 of the Code of Criminal Procedure, 1973, the applicant herein being woman is entitled to grant of bail. Looking at the nature of allegations further incarceration would not be imperative. Hence, the applicant deserves to be enlarged on bail.

The observations made hereinabove are prima facie in nature and the same shall not be taken into consideration while deciding discharge application or for quashing of FIR or at the time of trial. Hence, the following order is passed :

ORDER

(i) The application is allowed.

2/3

(ii) The applicant be enlarged on bail in C.R. No. 3003 of 2015 on furnishing P.R. Bond in the sum of Rs. 15,000/- and one or two sureties in the like amount.

(iii) The applicant shall report to Anti Corruption Bureau as and when called and cooperate to the Investigating agency to the best of her capacity.

The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3