Mahendra Rajaram Shelar v. The State Of Maharashtra
1/5 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1825 OF 2015 Mahendra Rajaram Shelar ...Applicant
Versus
State of Maharashtra
...Respondent
Mr.A.S.Khandeparkar i/b Khandeparkar and Associates, for the Applicant Mr.S.S.Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.
DATE : 15TH SEPTEMBER, 2015 P.C. :
1.
Heard learned Counsel for the applicant and the learned A.P.P. 2.
By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 3014 of 2015, registered with the Sawantwadi Police Station, (ACB) Sindhudurg, for the alleged offences punishable under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988. 3.
The complainant in one Satish Vilasrao Gurav, who is attached
2/5 to the office of the Anti Corruption Bureau and the Applicant was working as an Assistant Police Inspector at the Sawantwadi Police Station, Sindhudurg at the relevant time. According to the complainant on 9th September, 2015, he received information from one Karale who was attached to the office of the Anti Corruption Bureau, Thane Region, Thane that there was a complaint of bribe by a public officer. Accordingly, the complainant, after conducting a preliminary investigation learnt that the demand was from Sindhudurg District. Accordingly, the complainant along with his staff and panchas went to Kudal, where the informant handed over a written complaint in a sealed envelope narrating the alleged demand. The first informant, the Deputy Chairman (Upa-Sabhapati) had alleged that and the applicant was demanding a sum of Rs.
2,00,000/- from him for not arraying him as an accused in CR No.79 of 2015. After negotiations, the applicant agreed for an amount of Rs.1,00,000/-, out of which sum of Rs.50,000/- was allegedly paid on 2nd September, 2015. A trap was laid on 10th September 2015 and the applicant was caught red handed accepting a sum of Rs.50,000/- 4.
Learned Counsel for the applicant submits that the applicant
3/5 after his arrest has been remanded to the judicial custody and prays that he may be enlarged on bail.
5.
Considering the nature of allegations and the fact that the applicant has been remanded to the judicial custody, further custody of the applicant is not necessary. The applicant is enlarged on bail on the following terms and conditions :
ORDER
(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 25,000/- with two or more sureties in the like amount; (ii) The applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case ;
(iii) The applicant to cooperate with the conduct of the trial; 6.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
4/5 7.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 8.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
5/5 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.
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