Shrikant Bhimrao Awad v. State Of Maharashtra

2023:BHC-AS:34673

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3374/2023 SHRIKANT BHIMRAO AWAD ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Ganesh Gole i/b. Adv. Ateet Shirodkar for the applicant. Mr. N. B. Patil, APP for the State.

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

DATE : NOVEMBER 10, 2023.

P.C. :

1.

Heard learned counsel for the applicant.

2.

Learned APP submitted that there is no officer to instruct him and requests for some time. In the facts of the present case, I do not think it is necessary for learned APP to take any instruction in the present facts.

3.

This is an application for bail in respect of the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 registered on 16/9/2023 vide C.R. No.0596/2023 with Pandharpur City Police Station, Solapur Rural. 4.

The applicant was working as clerk (Class-III) at Mahavitaran. It is the case of the prosecution that the complainant went for new connection to the office of 1/3

Mahavitaran. The complainant met the applicant and the applicant demanded Rs.15,000/- as bribe. The complainant approached the Anti-Corruption Bureau, Pune. It is the case of the prosecution that the applicant demanded and accepted Rs.5000/-.

5.

The applicant was arrested on 16/9/2023 and since then he is in custody. The charge-sheet is not yet filed, but in my opinion, further custody of the applicant is not necessary. The investigation can proceed. There are no criminal antecedents reported against the applicant. The applicant does not appear to be a flight risk. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Shrikant Bhimrao Awad in connection with C.R. No.0596/2023 with Pandharpur City Police Station, Solapur Rural, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of 2/3

surety.

(d) The applicant shall report to the Investigating Officer of Pandharpur City police station as and when called till the charge-sheet is filed and thereafter once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m. till the trial concludes.

(e) 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 Officer. The applicant shall not tamper with evidence.

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

(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(h) The applicant shall surrender his passport, if any, to the investigating officer.

6.

The application is disposed of.

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