Vinod S/O Manohar Lanjekar v. State Of Mah., Thr. Pso Anti Corruption Bureau, Akola And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.973/2019 Vinod s/o Manohar Lanjekar ..vs..

State of Mah., thr. PSO Anti Corruption Bureau, Akola, and anr ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri M.V.Rai, Counsel for the Applicant.

Shri N.B.Jawade, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : NOVEMBER 15, 2019.

1.

This is an application for grant of bail.

2.

Heard learned counsel Shri M.V.Rai for the applicant and learned Additional Public Prosecutor Shri N.B.Jawade for the State. Also, perused reply filed on behalf of the prosecuting agency.

3.

The applicant is arrested in connection with Crime No.317/2019 registered with Police Station Patur, District Akola for offence punishable under Section 7 of the Prevention of Corruption Act, 1988.

4.

As per the reply, complainant made a complaint with Anti Corruption Bureau at Akola on 19.8.2019 asserting therein that she was to install an electric meter at her house and, therefore, she had been to office of MSEB wherein the applicant works as Assistant Engineer. According to the complaint, the applicant demanded Rs.5000/- and then only .....2/-

he will visit house of the complainant for inspection. Reply shows that, thereafter, after negotiation, bribe amount was reduced to Rs.1000/-. According to the reply, it is clear that no trap was laid for the applicant. However, according to the prosecution, conversation between the applicant and the complainant was recorded in a tape-recorder. The applicant was arrested on 17.9.2019 and since then he is languishing in jail.

5.

Accusation against the applicant is that he made a demand of bribe amount that is already recorded in a taperecorder. 6.

In this view of the matter, though it will be obligatory on the part of the prosecuting agency to prove the said voice, at the same time further custodial presence of the applicant is not necessary. That leads me to pass following order:

ORDER

(a) The criminal application is allowed.

(b) Applicant-Vinod s/o Manohar Lanjekar, in connection with Crime No.317/2019 registered with Police Station Patur, District Akola for offence punishable under Section 7 of the Prevention of Corruption Act, 1988, be released on bail on his executing a P.R.Bond in the sum of Rs.10,000/- with one solvent surety of the like amount.

(c) The applicant shall attend the Anti Corruption Bureau at .....3/-

Akola once in a month i.e. on second Friday of every month and shall be with the Bureau from 1:00 p.m. to 3:00 p.m., till filing of chargesheet.

With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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