Appasaheb Shivaji Tondase v. State Of Maharashtra

2023:BHC-AS:26877

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2760 OF 2023 APPASAHEB SHIVAJI TONDASE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Ms. Vilasini Balasubramanian i/b. Mr. Jaydeep Mane for the applicant.

Ms. Veera Shinde, APP for the State.

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

DATE : SEPTEMBER 13, 2023.

P.C. :

1.

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

2.

This is an application for bail in respect of the offence punishable under Sections 7 and 12 of the Prevention of Corruption Act, 1988 registered on 18.08.2023 vide C.R. No.529 of 2023 with Pandharpur City Police Station. 3.

The FIR was registered on 18.08.2023. The applicant was arrested on 18.08.2023. The applicant is Nayab Tahsildar, Pandharpur. It is the prosecution case that the FIR was lodged by the complainant-Vitthal Chavan against the 1/3

applicant and two others alleging that the applicant demanded a bribe of Rs.20,000/- for granting permission to purchase 10 Gunta's land. It is further alleged that after negotiations Rs.15,000/- was agreed and the other two co-accused accepted the bribe amount. On the basis of the said complaint the present offence is registered. 4.

Learned counsel for the applicant contended that the applicant is a heart patient and has undergone angioplasty surgery and he is under regular treatment. The applicant is now in judicial custody.

5.

Learned APP opposed the application for bail. 6.

In the facts of the present case further custody of the applicant is not necessary. There are no criminal antecedents or any offence of similar nature reported against the applicant. The applicant can be enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Appasaheb Shivaji Tondase in connection with C.R. No.529 of 2023 registered with 2/3

Pandharpur City Police Station shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs.50,000/- for a period of four weeks in lieu of surety.

(d) The applicant shall attend the Investigating Officer of Pandharpur City Police Station once in a week every Saturday between 11.00 a.m. and 1.00 p.m. till the charge-sheet is filed and thereafter as and when called.

(e) The applicant 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 applicant shall not tamper with evidence. (f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

7.

The application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 13/09/2023 19:43:30