Sonu Lahu Sawant v. The State Of Maharashtra

Sherla V.

ba.1444.2015_916.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1444 OF 2015 Shri Sonu Lahu Sawant ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.A.S. Khandeparkar a/w L.D. Zade for the Applicant Mr.Arfan Sait, APP, for Respondent - State CORAM: MRS.MRIDULA BHATKAR, J.

DATE: JULY 31, 2015 P.C.:

1.

This is an application for bail as the applicant/accused is facing charges under sections 7, 13 (1) (d) and 13(2) of the Prevention of Corruption Act in C.R. No.2 of 2015 registered with the Vijaydurg police station, Sindhudurg. The applicant was arrested on 23.7.2015. He is a government servant working as Talathi. He demanded bribe of Rs.5,000/- for entering the name of one of relatives of the original complainant in the revenue records. The complainant informed the Anti-Corruption Bureau and thereafter a trap was laid and the applicant/accused was arrested red handed while accepting bribe of Rs.4,000/-.

2.

The learned Counsel for the applicant/accused has submitted that it is a case under the Prevention of Corruption Act. The police have recovered the amount of Rs.4,000/- at the time of trap panchanama. The complainant is a government servant and he is in prison since last 7 days. 1 / 2

ba.1444.2015_916.doc 3.

The learned Prosecutor has opposed the application. He submitted that it is a serious offence under the Prevention of Corruption Act and the investigation is in progress.

4.

Perused the FIR. It appears that it is a trap case and, therefore, the amount of bribe of Rs.4,000/- at the time of trap panchanama and, therefore, a major portion of the investigation appears to be complete on the same day when the panchanama was drawn. In view of this, the applicant/accused is released on bail on the following conditions: i) The applicant/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.40,000/-, with one or two solvent sureties in the like amount;

ii) The applicant shall not tamper with the evidence; iii) The applicant shall not indulge into any kind of offence while on bail;

iv) The applicant shall cooperate with the Investigating Officer and attend the concerned police station on every Saturday, between 5 pm to 6 pm, till filing of chargesheet.

5.

Bail application is disposed of accordingly.

(MRS.MRIDULA BHATKAR, J.) 2 / 2