Kavijit S/O Suresh Patil v. State Of Mah. Thr. Dsp, Anti-Corruption Bureau, Nagpur, Dist. Nagpur.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (B.A.) NO.

(Kavijit s/o Suresh Patil Vs. State of Maharashtra thr. Deputy Superintendent of Police, Anti Corruption Bureau, Nagpur and another) CRIMINAL APPLICATION (B.A.) NO.

(Shrawan s/o Udaybhan Shende Vs. State of Maharashtra thr. Superintendent of Police, Anti Corruption Bureau, Civil Lines, Nagpur and another) CRIMINAL APPLICATION (B.A.) NO.

(Rohit s/o Ramkishor Gautam Vs. State of Maharashtra thr. PSO Police Station Bramhapuri, District Chandrapur and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. C. H. Jaltare, Advocate for Applicant. [BA 483/2022] Mr. S. Wahane, Advocate for Applicant. [BA 485/2022] Mr. R. R. Vyas, Advocate for Applicant. [BA 489/2022] Mr. N. R. Patil, APP for Non-Applicant/State. CORAM: ROHIT B. DEO , J.

DATE: 24 th MAY, .

Heard.

2.

These applications arise from Crime 212/2022 registered with Bramhapuri Police Station, District Chandrapur for offence punishable under Section 7 of the Prevention of Corruption Act.

3.

The crime is registered on the basis of complaint lodged by Mr. Vijay Ghatole. The applicants are accused of

demanding bribes for clearing the bills of the complainant. According to the prosecution applicant Shrawan Shende was caught red handed accepting bribe of Rs.50,00,000/- (Rupees Fifty Lakhs). Applicants Rohit Gautam and Kavijit Patil were not trapped while accepting bribe. However, the allegation is that the said applicants too demanded bribes for clearing the bills of the complainant.

4.

In my considered view, no useful purpose shall be served by continuing the incarceration. Releasing the applicants on bail is not likely to tamper the investigation. On the other hand, the interest of the prosecution can be safeguarded by directing the applicants to co-operate with the Investigating Officer.

5.

Considering that the applicants are government servants, there is remote possibility of them not being available to face the trial.

6.

The applications are allowed.

7.

The applicants shall be released on bail subject to furnishing their P.R. bonds in the sum of Rs.1,00,000/-

(Rupees One Lakh) each, and a surety of like amount, to the satisfaction of the learned trial Judge.

8.

The applicants shall report at the Anti Corruption Bureau, Nagpur on every Saturday and Sunday from 10:00 a.m. to 02:00 p.m., till the filing of the charge-sheet and otherwise when their presence is required by the Investigating Officer.

9.

The applicants shall not make any attempt to influence the witnesses or otherwise to tamper with the evidence.

JUDGE NSN SHIVNARAYAN NIKHARE