Shashikant S/O. Bhimraj Dusing v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1693 OF 2017 Shashikant s/o. Bhimraj Dusing ..

Applicant Age. 25 years, Occ. Service, R/o. Baku Pimpalgaon, Tq. Newasa, Dist. Ahmednagar.

Versus

The State of Maharashtra ..

Respondent Through the Police Inspector, Newasa Police Station, Tq. Newasa, Dist. Ahmednagar.

Mr.Mahesh S. Taur, Advocate for the applicant. Mr.S.D. Ghayal, A.P.P. for respondent/State.

CORAM : T.V. NALAWADE,J.

DATED :

21.04.2017 P.C. :- 1.

This application is filed for bail in C.R. No.124 of 2017, registered with Newasa Police Station, Dist. Ahmednagar, for the offences punishable under section 7, 13(1)d, 13(2)(b) of the Prevention of Corruption Act, 1988. Both the sides are heard. The papers of investigation were made available for perusal of this Court.

2.

The applicant is working in Agriculture office as Data Entry Operator. He is involved in the work of

( 2 ) processing the matters of Government schemes to agriculturist like Rojgar Hami for Horticulture. The original complainant made allegation that for giving benefit to his family of the scheme, the present applicant demanded illegal gratification of Rs.10,000/-. But he had no intention to give such amount. He made complaint to the Anti-corruption Bureau. First the confirmation panchanama was prepared and trap was led. During the trap, present applicant accepted an amount of Rs.5000/- and this amount is recovered from him. This incident took place on 27.03.2017.

3.

The instances of harassing the farmers and extracting money from them even at the time of giving benefit of the scheme are increasing. So, this Court had directed the learned A.P.P. to see whether the steps are taken by the Investigating Officer to find out as to whether the applicant has disproportionate assets. The learned A.P.P. made statement that such enquiry was made. 4.

The applicant is behind the bar since 27.03.2017 i.e. for about three weeks now. In view of this circumstance and it is not certain when the charge-sheet will be filed and how much time will be required for disposal of the case, it is not desirable to keep the applicant behind the bar till disposal of the case.

( 3 ) i.

In the result, this application is allowed.

ii.

The applicant - Shashikant s/o. Bhimraj Dusing be released on bail in connection with Crime No.124 of 2017, registered with Newasa Police Station, Dist. Ahmednagar, for the offences punishable under sections 7,13(1)d, 13(2)(b) of the Prevention of Corruption Act, 1988, on his furnishing PR & SB of Rs.50,000/- (Rupees Fifty Thousand) with one or more sureties in like amount. iii.

The applicant is not to tamper the prosecution witnesses and he is not to commit similar offence. [T.V. NALAWADE,J.] /2017/ 17/ snk APR