Vidyut S/O Vasant Wasani v. State Of Mah. Thr. Pso Ps Yavatmal (City) Yavatmal
34.ba.1319.21 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Criminal Application [ BA ] No.
of 2021 Anil Indrasen Ghughal vs. State of Maharashtra, through P.S.O. Yavatmal City, Yavatmal with Criminal Application [ BA ] No.
of 2021 Vidyut Vasant Wasani vs. State of Maharashtra, through P.S.O. Yavatmal City, Yavatmal =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.A. Dhawas, Counsel for the Applicant in BA No.1319/2021 Mr. R.M. Daga, Counsel for the Applicant in BA No.1325/2021 Mr. M.K. Pathan, A.P.P. for the Non-Applicant/State.
CORAM
: ROHIT B. DEO , J.
DATE : 23 rd DECEMBER, .
At the oral request of learned Counsel Mr. Dhawas for the applicant, leave to correct the cause title of Criminal Application [BA] 1319/2021.
02] The applicants are seeking bail in Crime 858/2021 registered with Police Station Yavatmal City for the offences punishable under Sections 7 & 12 of the Prevention of Corruption Act.
03] The accusation is that the applicant in Criminal Application [BA] 1319/2021, Mr. Anil Ghughal, then attached to Police Station Lohara as A.P.I., demanded illegal gratification of Rs.10.00 Lakhs from the complainant as consideration for filing favourable reply in a criminal case registered against the complainant. The amount was reduced to Rs.7.00 Lakhs and after the verification, the Anti Corruption Bureau (ACB) laid trap on 07/12/2021. It is alleged that the bribe of Rs.7.00 Lakhs was accepted by Mr. Anil Ghughal through Vishal Makde, who is an
34.ba.1319.21 2/2 employee of Mr. Vidyut Wasani, the applicant in Criminal Application [BA] 1325/2021.
04] It is not in dispute that the investigation in the trap is complete. The applicant Mr. Anil Ghughal, who is the public servant, is under suspension. I do not see any purpose in continuing the incarceration, considering that in prosecution of such nature, the panch-witnesses are likely to be the Government employees, the chance of influencing the panch-witnesses is slim. The proceedings are documented in the form of various panchnamas and, therefore, possibility of tampering with evidence would ordinarily be remote.
05] The applications are allowed subject to the following conditions:
06] The applicants shall be released on bail on executing P.R. Bond of Rs.16,000/- (Rupees Sixteen Thousand Only) each with one solvent surety of the like amount.
07] The applicants shall attend the Anti Corruption Bureau, Yavatmal every Wednesday from 11:00 a.m. to 02:00 p.m. for next three months.
08] The applicants shall not make any attempt to tamper with the evidence or to influence the witnesses directly or indirectly.
09] The applicants shall not leave the country without the permission of the trial Court.
JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge