Shrimant Masaji Bhalerao And ANR v. State Of Maharashtra

2023:BHC-AS:27140

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2229 OF 2023

1. SHRIMANT MASAJI BHALERAO

2. GAJANAN SHANKARRAO CHAPHEKAR ..APPLICANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Makrand Kale i/b. Adv. Samadhan A. Kashid for the applicants.

Ms. Rutuja Ambekar, APP for the State.

PI Koli, ACB, Solapur.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 14, 2023.

P.C. :

1.

Heard learned counsel for the applicants and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 7 and 7-A of the Prevention of Corruption Act, 1988 registered on 17.07.2023 vide C.R. No.574 of 2023 with Mangalwedha Police Station. 3.

The date of the incident is 14.07.2023. The applicant was arrested on 17.07.2023. The complainant called the Police Inspector of the Anti Corruption Bureau and informed 1/4

him that there is a demand of bribe by the applicants. There was a trap and accordingly in that trap the accusation is that the applicant No.1 who is the employee of the Gram Panchayat accepted the bribe amount of Rs.5,000/- on behalf of the applicant No.2 who is the Talathi. The chargesheet has now been filed. Since the investigation is complete and the charge-sheet has been filed further custody of the applicants is not required. There are no criminal antecedents reported against the applicants. The applicants can be enlarged on bail.

4.

Learned APP while opposing the application for bail submitted that the relatives of the applicant No.1 are threatening the complainant to withdraw the case. 5.

Learned counsel for the applicant submitted that while enlarging the applicant on bail stringent conditions may be imposed. He further assures this Court that the applicant No.1 and his relatives will not indulge in any such activities. 6.

In the facts and circumstances of the present case, the applicants can be enlarged on bail by imposing stringent conditions. Hence, the following order :- 2/4

O R D E R

(a) The application is allowed.

(b) The applicants-Shrimant Masaji Bhalerao and Gajanan Shankarrao Chaphekar in connection with C.R. No.574 of 2023 registered with Mangalwedha Police Station shall be released on bail on their furnishing P.R. Bond of Rs.25,000/- each with one or more sureties in the like amount.

(c) The applicants are permitted to furnish cash bail surety in the sum of Rs. 25,000/- each for a period of six weeks in lieu of surety.

(d) The applicant No.1 shall attend the Investigating Officer of Mangalwedha Police Station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(e) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicants shall not tamper with evidence.

(f) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change.

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(g) The applicant shall attend the trial regularly. (h) If there are accusations that the relatives of the applicant No.1 or anybody else is threatening the complainant, the same shall be viewed seriously which may result in cancellation of bail.

7.

The application is disposed of.

(M. S. KARNIK, J.) 4/4 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 14/09/2023 19:11:27