Tukaram Balkrishna Kadam And ANR v. State Of Maharashtra

2023:BHC-AS:26880

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2767 OF 2023

1. TUKARAM BALKRISHNA KADAM

2. SACHIN VITTHAL BURANDE ..APPLICANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Sarthak Diwan a/w Adv. Panchshil Patil for the applicants.

Ms. Rutuja Ambekar, APP for the State.

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

DATE : SEPTEMBER 13, 2023.

P.C. :

1.

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

2.

This is an application for bail in respect of the offence punishable under Sections 7 and 12 of the Prevention of Corruption Act, 1988 registered on 18.08.2023 vide C.R. No.529 of 2023 with Pandharpur City Police Station. 3.

The FIR was registered on 18.08.2023. The applicants were arrested on 18.08.2023. There are in all three accused. The applicants are accused Nos.2 and 3. The trap 1/3

was laid when the applicant Nos.2 and 3 were found accepting a bribe amount of Rs.15,000/-. The said bribe amount was to be accepted on behalf of accused No.1 who is Nayab Tahsildar. By an order passed in Bail Application No.2760 of 2023 dated 13.09.2023 this Court enlarged the accused No.1 on bail.

4.

In the facts and circumstances of the present case, further custody of the applicants is not necessary though the charge-sheet is yet to be filed. The applicants can be enlarged on bail. There are no criminal antecedents reported against the applicants.

5.

Though learned APP opposing the application for bail in the facts and circumstances of the present case, I am inclined to enlarge the applicants on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicants-Tukaram Balkrishna Kadam and Sachin Vitthal Burande in connection with C.R. No.529 of 2023 registered with Pandharpur City Police Station shall be released on bail on his furnishing P.R. Bond of 2/3

Rs.25,000/- with one or more sureties in the like amount.

(c) The applicants are permitted to furnish cash bail surety in the sum of Rs.25,000/- for a period of four weeks in lieu of surety.

(d) The applicants shall attend the Investigating Officer of Pandharpur City Police Station once in a week every Saturday between 11.00 a.m. and 1.00 p.m. till the charge-sheet is filed and thereafter as and when called.

(e) The applicants 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 Officer. The applicants shall not tamper with evidence. (f) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change.

6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3