Suraj Babaso Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2728 OF 2014 Suraj Babaso Patil.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

­­­ Mr. Vishal L. Kolekar, advocate for Applicant. Mr. D.P. Adsule, APP for State.

­­­ CORAM : SMT.SADHANA S. JADHAV,J DATE : JANUARY 13, 2015 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State. Perused the papers.

This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested in Crime No. 3009 of 2014 registered at Vengurla Police Station for offence punishable under Section 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act.

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It is the case of the prosecution that on 28/12/2014 on the basis of the information given by the complainant, a trap was arranged. The applicant at that time was working as a constable at Vengurla Police Station. At the time of trap, the applicant was apprehended while he was accepting illegal gratification of Rs. 1,500/­. The accused was produced before the Court and remanded to judicial custody. The applicant is temporarily suspended from service. The applicant has been in jail since 28th December, 2014. Taking into consideration the facts of the case and the fact that he is being prosecuted under the provisions of Prevention of Corruption Act, 1988, further incarceration would not be necessary. Hence, this Court is inclined to grant bail to the applicant. Hence, following order is passed :

ORDER

(i) The application is allowed.

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(ii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/­ and one or two sureties in the like amount. (iii) The applicant shall not tamper with the evidence. The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3