Hansdas S/O. Dayaram Meshram (In Jail) v. Central Bureau Of Investigation Anti Corruption Bureau, S.P.E. Branch Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.852 OF 2017 Hansdas s/o Dayaram Meshram ..vs..
Central Bureau of Investigation, Anti Corruption Bureau, SPE Branch, Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... \ Mrs. S.W. Deshpande, Counsel for the applicant. Shri Ejaz Khan, Counsel for the non-applicant.
CORAM
: V.M. DESHPANDE, J.
DATED : SEPTEMBER 6, 2017.
Heard learned counsel Mrs. S.W. Deshpande for the applicant and learned counsel Shri Ejaz Khan for the nonapplicant/C.B.I.. The applicant is arrested in connection with RC No.5(A)2017 registered with the Central Bureau of Investigation and Anti Corruption Bureau, Special Police Establishment for the offences punishable under Sections 120B read with Sections 420, 467, 468, and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988.
According to learned counsel Shri Ejaz Khan for the non-applicant/C.B.I., the applicant has surrendered before the law on 10.7.2017 and since then he is in jail. Learned counsel .....2/-
Shri Khan, from the instructions of Additional Superintendent of Police Shri S.D. Mishra who is personally present in the Court, makes a statement that in near future there is no possibility of the CBI to file challan and in fact they are likely to move an application before the appropriate Court for extension of time. However, he submits that the police custody remand of the applicant was already over and the applicant is deeply interrogated by the CBI. Therefore, according to learned counsel Shri Khan, on the instructions from Additional Superintendent of Police Shri S.D. Mishra, states that further custodial presence of the applicant is not necessary. In view of the fair statement on the part of the officer who is present personally in the Court through learned counsel which is well appreciated by this Court, the Court passes the following order:
ORDER
i) The criminal application is allowed.
ii) The applicant be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with two solvent sureties of the like amount in connection with RC No.5(A)2017 registered with the Central Bureau of Investigation and Anti Corruption Bureau, Special Police Establishment .....3/-
for the offences punishable under Sections 120B read with Sections 420, 467, 468, and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988.
iii) The applicant is directed to attend the office of the Anti Corruption Bureau twice a week i.e. on every Monday and every Friday in between 11:00 a.m. to 3:00 p.m. and he shall be with the investigating officer during this period for a period of one month.
iv) After the period of one month, the applicant is directed to attend the Anti Corruption Bureau once in a month in between 3:00 p.m. to 5:00 p.m., till the charge-sheet is filed.
v) With this, the criminal application is disposed of.
JUDGE !! BRW !!
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