Kailash Trambak Kalamkar v. State Of Mah., Thr. Anti Corruption Bureau Dist Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 981 OF 2019 Kailash Trambak Kalamkar .Vs. State of Maharashtra, Through Anti Corruption Bureau, Akola, Tq & and Dist. Akola. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. S.V. Sirpurkar, Advocate for applicant.

Mr. M.J. Khan, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : NOVEMBER 04, 2019 Heard Mr. Sirpurkar, learned counsel for the applicant and Mr. Khan, learned Additional Public Prosecutor for the State. Also perused the entire investigation papers.

The applicant is arrested on 25.09.2019 in connection with Crime No.270/2019 registered with Police Station, Murtijapur, Dist. Akola for an offence punishable under Section 7 of the Prevention of Corruption Act. The applicant is a police constable discharging his duty as such at Police Station, Murtijapur. According to the prosecution case complainant Shrikrushna Tale who runs a pan kiosk lodged a report with Anti Corruption Bureau, Akola on 25.09.2019 that the applicant is demanding Rs.5,000/- for releasing the seized property i.e. Gutkha from his pan shop. According to the complainant, Rs.2,000/- was given and it was agreed to handover remaining amount of

Rs.3,000/- later on and since the applicant was not ready to fulfill the demand, he lodged the report.

According to the prosecution case on 25.09.2019 a trap was led and the applicant was found in possession of the anthracene smeared amount.

After the successful trap an offence is registered. The entire investigation is almost over, though, according to submission of the learned Additional Public Prosecutor for the State, statements of some witnesses are required to be recorded.

In my view, since it is trap case, the applicant can be released on bail on imposing certain conditions. Consequently, I pass following order :

ORDER

(i) The application is allowed.

(ii) Applicant- Kailash Trambak Kalamkar be released on bail in connection with Crime No.270/2019 registered with Police Station, Murtijapur, Dist. Akola for an offence punishable under Section 7 of the Prevention of Corruption Act, on he executing P.R. Bond in the sum of Rs.50,000/- with one solvent surety in the like amount.

(iii) The applicant is directed to attend Anti Corruption Bureau, Akola thrice a week i.e. on every Thursday, Friday and Saturday and shall be with the Bureau from 11:00 a.m. to 05:00 p.m. till filing of the charge-sheet. (iv) After filing of the charge-sheet the applicant shall attend Anti Corruption Bureau, Akola once in a month i.e.

on third Friday and shall be with the Bureau from 03:00 p.m. to 05:00 p.m. till culmination of the trial. With this, the application is allowed and disposed of. JUDGE srwagh