Shamrao Mahadeo Shete v. The State Of Maharashtra
1 23.277.19 aba.doc ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 277 OF 2019 Shamrao Mahadeo Shete .....Applicant V/s.
The State of Maharashtra .....Respondent Mr. Abhishek R. Avachat for the applicant Mr. S. S. Hulke APP for the State CORAM : NITIN W. SAMBRE, J.
DATE :
FEBRUARY 26, 2019.
P.C.
In Crime No. 15/2019 registered with Sarkarwada Police Station, Nashik City for offence punishable under Sections 13(1) (e) r/w 13(2) of Prevention of Corruption Act and under section 109 of the Indian Penal Code, applicant is seeking pre-arrest bail. The submissions of the learned counsel for the applicant are, applicant, a public servant can explain all the allegations of disproportionate asset as his holding of assets are out of his lawful
2 23.277.19 aba.doc earnings. A further submission is, income of individual family members cannot be clubbed with that of income of the applicant to reach to conclusion of disproportionate holding of assets. A further submission is made that a relative who is residing abroad has given hand loan of approximately Rs. 25 Lakhs.
The learned APP submits that preliminary inquiry reveals that holding of assets by the applicant are 70% excess to his known lawful source. The same prima facie appears to be disproportionate, to the known source of income. He would rely upon investigation carried out till date.
Having appreciated respective submissions and the material collected during investigation, it is prima facie noticed that the holding of assets by the applicant is highly disproportionate to the known source of income of the applicant viz. his income from salary. About 70% of holding of disproportionate assets cannot be justified based on alleged overseas hand loan.
3 23.277.19 aba.doc That being so, in my opinion, no case for grant of pre-arrest bail is made out. Application fails, stands rejected. Though the prayer for extension of ad-interim relief is opposed, Considering that the applicant is a public servant, ad-interim protection is continued for a period of two weeks. [NITIN W. SAMBRE, J.]