Rajendra S/O Janardhan Shirsat v. The State Of Maharashtra

1 Cr.Apln. 6070.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6070 OF 2015 Rajendra s/o Janardhan Shirsat ..... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .....

Mr. N.L.Choudhari, Advocate for Applicant.

Ms. S.S.Raut, A.P.P. for Resp. - State.

.....

CORAM : INDIRA K. JAIN, J.

DATE : 14th DECEMBER, 2015 ORAL ORDER :- .

Here is an application for regular bail in Crime No. 3181/2015 registered at Chopada City police station, district Jalgaon for the offences punishable u/ss 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act.

2.

Heard Mr. N.L.Choudhari, learned counsel for applicant and Ms. S.S.Raut, learned A.P.P. for Respondent - State. Perused papers of investigation. 3.

Applicant was serving as Avval Karkun in Tahasil office Chopada, district Jalgaon. On 17/10/2015 Prabhakar Karbhari Nikam lodged report stating therein

2 Cr.Apln. 6070.2015.odt that applicant had demanded demanded ` 500/- for issuing permit of sugar to him. On the report a trap was arranged. It was successful. Applicant was caught accepting bribe of ` 500/-. He was arrested on the same day. Since then he is in custody.

4.

Learned counsel for applicant submitted that investigation is almost complete. The custody of applicant is no more required. He has unblemished record of 30 years service. His past antecedents are clear. He has family responsibility to share. In this background learned counsel urges to release the applicant on bail.

5.

Learned A.P.P. strongly resisted the application on the ground that trap was successful. She submits that for want of sanction, charge sheet could not be filed and on receiving sanction, investigating agency would file charge sheet. Learned A.P.P. submitted that considering the nature of offence application for bail be rejected.

6.

Applicant is aged 51 years. He is permanent resident of Amalner, Taluka Amalner, district Jalgaon. There is no likelihood of his fleeing from justice. 7.

Considering the nature of offence, severity of punishment and the period of custody of applicant since 17/10/2015 this court finds that no purpose would be served by keeping the applicant in further custody.

3 Cr.Apln. 6070.2015.odt Hence, the following order.

ORDER

(i) Criminal Application No. 6070 of 2015 is allowed.

(ii) Applicant Rajendra s/o Janardhan Shirsat is released on bail in Crime No. 3181/2015 registered at Chopada City police station, district Jalgaon for the offences punishable u/ss 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act on P.R. and S.B. of ` 15,000/- [Rupees Fifteen Thousand] each.

(iii) Applicant shall not tamper with the prosecution evidence and shall make himself available as and when required.

(iv) Bail before the Special Court.

[INDIRA K. JAIN] JUDGE KNP/Cr.Apln. 6070.2015.odt