Shailesh S/O. Suresh Mhaske v. State Of Maharashtra Thr. Its P.S.O., P.S. City Kotwali,

ba51.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.51 OF 2019 (Shailesh s/o Suresh Mhaske Vs. State of Maharashtra thr. PSO PS City Kotwali, Akola) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Anil Mardikar, Senior Counsel with Shri S.G. Joshi, Advocate for Applicant.

Shri H.D. Dubey, APP for Non-Applicant/State. CORAM: M.G. GIRATKAR, J.

DATE: 5 th FEBRUARY, 2019.

Heard Shri Anil Mardikar, Senior Counsel for the applicant.

Offence punishable under section 392, 201, 342, 504 and 506 read with Section 34 of IPC and section 7, 7(A) of Prevention of Corruption Act are registered against the applicant. Applicant is a public servant at the time of trap by ACB. Applicant suspected the complainant, he beaten the said complainant. Therefore, application came to be rejected by Special Court, Special Judge, Akola on the ground that he may pressurize the prosecution witnesses etc. and there is a possibility of absconding.

Shri Dubey, learned APP has strongly objected the application.

It appears from the order of Special Judge, application was rejected on the ground that he may pressurize the witnesses and there is possibility of

ba51.19.O.odt absconding. Applicant is a public servant working at Police Station City Kotwali, Akola. Therefore, there is no possibility of absconding. Investigation appears to be completed. Hence, the following order.

[i] The application is allowed.

[ii] The applicant be released on bail on furnishing P.R. bond in the sum of Rs.50,000/- with one local surety of the same amount.

[iii] He shall not pressurize/tamper the evidence of prosecution witnesses.

[iv] The applicant shall attend the Office of ACB once in a week i.e. Friday in between 10:00 a.m. to 05:00 p.m. till the filing of the charge-sheet. [v] Breach of any condition amounts to cancellation of bail.

JUDGE NSN