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Bombay High CourtBA/12/2016bail granted

Subhash Shridhar Shivgan v. The State Of Maharashtra

2016-01-07Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.12 OF 2016 Subhash Shridhar Shivgan ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. A.S. Khandeparkar, Adv. i/b. Khandeparkar & Associates for the applicant.

Mr. D.P. Adsul, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 7 th January, 2016.

P.C. :

1.

This is an application for bail filed by the aforesaid applicant who is arrested in Crime No. 3066 of 2015 registered at Vaibhavwadi Police Station for the offences punishable under Section 7, 13(1) (d), 13 (2) of the Prevention of Corruption Act. 2.

Mr. Khandeparkar, the learned counsel for the applicant submits that applicant is in jail since 1st January, 2016 at 00.10 am. The investigation is already completed and his presence is no longer required in custody.

3.

Mr. Adsul, the learned APP for the State concedes that the presence of the applicant is no longer required for the purpose of

interrogation.

4.

I have perused the records and considered the submissions advanced by the learned counsels for the respective parties. The allegations against the applicant are that he had demanded illegal gratification from the complainant for not pursuing the investigation of crime registered against the brother of the complainant. Pursuant to the FIR lodged by the complainant Siddhant Ramchandra Gawde, the aforesaid crime came to be registered. The applicant was arrested on 1st January, 2016. He is in judicial custody and it is stated that the presence of the applicant is no longer required for the purpose of interrogation.

5.

Considering the above facts and circumstances, the application is allowed on the following terms and conditions. (i) The applicant shall be released on bail on furnishing P.R. bond of Rs.30,000/­ (Rupees Thirty Thousand only) with one or two sureties in the like amount to the satisfaction of the Special Judge, Sindhudurg at Oras.

(ii) The applicant shall report the investigating officer as and when required.

(iii) The applicant shall not leave Sindhudurg District without prior permission of the Special Judge, Sindhudurg at Oras.

( ANUJA PRABHUDESSAI, J. )