Ramappa Lundappa Patoli v. The State Of Maharashtra
1/5 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1798 OF 2017 Ramappa Lundappa Patoli ...Applicant
Versus
The State of Maharashtra
...Respondent
Ms.P.U.Badadare, for the Applicant.
Mr.R.M.Pethe, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.
DATE : 13th SEPTEMBER, 2017 P.C. :
1.
Heard learned counsel for the parties.
2.
By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.58 of 2017 registered with the Kalwa Police Station, Thane, for the alleged offences punishable under Sections 409, 420, 120-B of the Indian Penal Code; under Section 72 of the Information Technology Act; under Sections 13(1), 13(c)(d) of the Prevention of Corruption Act and under Sections 3, 5 of the Official Secrets
2/5 Act, 1923.
3.
Learned Counsel for the applicant submits that similarly placed co-accused have been enlarged on bail by this Court vide order dated 21st August, 2017 passed in Criminal Bail Application No.1509 of 2017, Criminal Bail Application No.1601 of 2017 and Criminal Bail Application No.1750 of 2017. She submits that investigation is complete and charge-sheet is filed. She further submits that in the raid that was conducted at Sanskar Hall, Pune, co-accused - Somanath Shivaji Savvashe, Tushar Dattatraya Ingale and Ganesh Prakash Gaikwad have been enlarged on bail.
4.
Learned APP does not dispute the aforesaid.
5.
Perused the papers. The complaint is lodged by Police Inspector - Ranvir Prakash Bayes, Crime Branch Unit-I, Thane. According to the complainant, he received information that question papers of Army Recruitment Examination were to be leaked and that the same were going to be handed over to the students. The said examination which was
3/5 conducted on 26th February, 2017, was for the post of General Duty, Clerk, Technician and Trade Man in Defence Force. It is alleged that the examination paper was being sold for an amount of Rs.4 lakhs each and that the said amount was going to be taken from the students, after they cleared the examination. On the basis of the said secret information, raids were conducted at Nagpur, Pune and Goa, by the Crime Branch. Pursuant thereto, the aforesaid applicant and other co-accused came to be arrested. It is not in dispute that some of the accused who were arrested in the raid which was conducted at Pune have been enlarged on bail. The allegation as against the present applicant is that he was present at the spot alongwith other accused. The applicant's mobile has been seized by the police. It appears that the leaked paper was sent by Ravi Kumar, Clerk, Army Recruitment Office, Nagpur with the help of Dhaklu Patil, Havaldar, working in the Indian Army at Nagaland on mobile to several persons. Investigation is complete and charge-sheet is filed. 6.
Considering the aforesaid, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-
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ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount; ii) The Applicant shall attend the concerned Police Station, as and when called;
iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter as well as to the concerned Police Station, in writing; iv) The Applicant shall co-operate in the conduct of the trial. 7.
The Application is allowed and disposed of in above terms. 8.
It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide
5/5 the case on its own merits, uninfluenced by the observations made herein. 9.
All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)