Pankaj Kripashankar Dubey v. The State Of Maharashtra

2023:BHC-AS:28480

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.894/2023 PANKAJ KRIPASHANKAR DUBEY ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Rakesh H. Singh a/w. Adv. Himani Singh, Adv. Sanjay Singh for the applicant/appellant/petitioner. Mr. A. A. Palkar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 27, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 420, 120-B, 406, 417, 418, 465, 467, 468, 469, 471, 474 of the Indian Penal Code (hereafter 'IPC' for short) registered on 4/2/2021 vide C.R. No.21/2021 with Sion Police Station.

3.

The applicant is accused no.3. The accused no.1 is the Assistant Dean of the Sion Hospital. The accused no.2 was working as the Consulting Agent for securing admission. The 1/4

complainant was assured that he will get the admission in the Medical College, Sion Hospital. The complainant was in contact with the present applicant through the accused no.2. The amount of Rs.15 lakhs was paid in the account of the present applicant by the complainant. As per learned counsel for the applicant, the entire amount was paid to the accused no.2.

4.

Learned APP opposed the application for bail. 5.

The accused nos. 1 and 2 have been enlarged on bail. The applicant was arrested on 8/6/2022 and now is in custody for more than one year and three months. It is the submission of learned APP that the applicant is involved in similar type of offence and even is in custody for the offence under the Maharashtra Control of Organised Crime Act, 1999 which is registered against him.

6.

So far as the present case is concerned, the investigation is complete. The charge-sheet has been filed. The applicant will face the consequences post trial if the charges against him are proved. The trial is likely to take a long time to conclude. The applicant does not appear to be a flight risk. The applicant can be enlarged on bail by 2/4

imposing conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Pankaj Kripashankar Dubey in connection with C.R. No.21/2021 with Sion Police Station., shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more local sureties in the like amount.

(c) If the applicant is released on bail in the other cases, the applicant shall attend the Investigating OfÏcer of Sion police station once in a month every first Saturday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.

(f) The applicant shall attend the trial regularly. 3/4

(g) The applicant shall surrender his passport, if any, to the investigating ofÏcer.

7.

The application is disposed of.

(M. S. KARNIK, J.) 4/4