Milind S/O Ramrao Paradkar And Another v. State Of Mah. Thr. Deputy Superintendent Of Police Anti Corruption Bureau, Chandrapur

1 ba 1134.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 1134 of 2021 (Milind S/o Ramrao Paradkar and anr. ..vs.. State of Maharashtra through Deputy Superintendent of Police, A.C.B., Chandrapur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. B. Naidu, Advocate for the applicants Mrs. K. R. Deshpande, APP for the State/non-applicant CORAM : ROHIT B. DEO , J .

DATED : 23-11-2021 Heard.

2.

The applicants are arraigned as accused in Crime 33/2021 registered with Lathi Sub Police Station, Tahsil Gondpipri, District Chandrapur for offence punishable under Section 7 of the Prevention of Corruption Act. 3.

While the final report is not submitted as yet, it is fairly stated that the investigation is complete and the prosecution is awaiting sanction.

4.

I do not see any propriety in continuing incarceration since the investigation is complete. Even otherwise, according to the prosecution, the trap was successful. The panchas are Government employees. While it is true that the applicants are policemen, no

2 ba 1134.2021 inference can be drawn that the witnesses will be influenced, only due to the applicants being policemen. There is no material to so suggest.

5.

Considering that the maximum sentence which conviction may entail is 5 years, I am inclined to allow this application, particularly, since the applicants are already suspended and are not likely to be in a position to interfere with either the investigation, if any investigation is left to be done, or then with the trial. 6.

The application is allowed subject to the following conditions.

(i) The applicants be released on bail on executing PR bond of Rs. 16,000/- (Rupees Sixteen Thousand) each with solvent surety of the like amount.

(ii) The applicants shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence.

(iii) The applicants shall not leave the country without the permission of the trial Court.

JUDGE wasnik YUVRAJ WASNIK