Jitendra S/O Pandurang Thakre v. The State Of Maharashtra Thr Pso Ps Darwha Tah Darwha Dist Yavatmal

2025:BHC-NAG:8384 1 13.BA.910-2025 & ORS..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 910 OF 2025 ( Jitendra s/o Pandurang Thakre & Anr.

Vs.

State of Maharashtra, Thr. PSO, PS Darwha, Th.Darwha, Dist.Yavatmal) WITH CRIMINAL APPLICATION (BA) NO. 911 OF 2025 ( Jay s/o Ganesh Sonone Vs.

State of Maharashtra, Thr. PSO, PS Darwha, Th.Darwha, Dist.Yavatmal) WITH CRIMINAL APPLICATION (BA) NO. 912 OF 2025 ( Nilesh s/o Bhaskar Talware Vs.

State of Maharashtra, Thr. PSO, PS Darwha, Th.Darwha, Dist.Yavatmal) WITH CRIMINAL APPLICATION (BA) NO. 913 OF 2025 ( Ashok s/o Shrawan Ramkham Vs.

State of Maharashtra, Thr. PSO, PS Darwha, Th.Darwha, Dist.Yavatmal) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.K. Bhoyar, Advocate for the Applicants. Mr. M.J. Khan, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 25th AUGUST, 2025 1.

By these Applications, the Applicants are seeking bail in connection with Crime No. 515/2025 registered with Police Station Darwha, District Yavatmal for the offence punishable under Sections 7, 7-A and 12 of the Prevention of

2 13.BA.910-2025 & ORS..odt Corruption Act, 1988. The Applicants came to be arrested on 25.07.2025.

2.

As per the allegations the Informant was the owner of the tractor and doing the work of transportation of the mud soil. Accordingly, he was doing the transportation of mud soil for one Babusingh Rathod on 21.07.2025 and driver was Karan Gire on the said tractor. The said driver had paid Rs.700/- for royalty and taken the mud soil in the tractor and he was proceeding towards Dhangarwadi. Thereafter, the Informant received a call from driver of the said tractor stating that the tractor got punctured and while repairing puncture the said tractor is held up by the accused involved in the crime namely Jitendra Thakre, i.e. the Applicant in Criminal Application (BA) No. 910/2025 who is the Circle Officer alongwith other Talathi have questioned about the transportation.

Consequently, the Informant replied that he is having royalty for the said transportation but the Applicants threatened the Informant that they will be imposing fine/penalty upon him for doing the said work and to prevent said heavy penalty, he should pay an amount of Rs.40,000/-to the accused persons immediately. The Informant disclosed that he is not having that much amount in his account and he is only having Rs.12,000/- in his account and he can ask for Rs.5,000/- from his wife. Consequently, he had transferred the amount of Rs. 17,000/- online to the account of the son of accused No.5 i.e. Ashok Ramkham. As the Informant was not inclined to pay remaining amount to the accused persons, therefore he approached Anti-Corruption Bureau, Yavatmal on 22.07.2025 and lodged the complaint.

3 13.BA.910-2025 & ORS..odt procedure, the genuineness of the allegation was verified by doing the verification panchnama, in which it revealed that the present Applicants have demanded the amounts for not prosecuting him for the said activity. Therefore, the ACB Officers had led the trap and during that trap the Applicants were found accepting the amounts. On the basis of the said investigation, the crime was registered against the present Applicants.

3.

Heard learned Counsel for the Applicants who submitted that all the Applicants are public servants. The Applicant Jitendra Thakare is the Circle Officer, whereas the other Applicants are the Talathi except the Applicant in Criminal Application (BA) No. 913/2025. Applicant Ashok Shrawan Ramkham is the middle person between the Informant and the present Applicants as per the allegations. He further submitted that, as far as the part of the investigation is concerned, which is already practically completed, the further incarceration of the present Applicants are not required, the formality of drawing the panchnama and seizure of the various documents is already completed. In view of that, the Applicants be released on bail. 4.

Learned APP, strongly opposed for the same and submitted that the involvement of the present Applicants revealed not only from the statement of the Informant but from the verification panchnamas, the Applicants were found in possession of the tainted amounts which is seized during the trap. The amount was accepted by the Applicant i.e. Ashok Shrawan Ramkham. The trap panchnamas i.e. pre trap panchnama and post trap panchnama were accordingly

4 13.BA.910-2025 & ORS..odt drawn and the amount was recovered from the Applicant Ashok Shrawan Ramkham. The verification panchnama discloses the involvement of the other Applicants. Various documents are already seized during the investigation, the statements of the present Applicants as to the recovery of the various articles were also recorded, only sanction remained to be obtained which requires time. Thus, the involvement of the present Applicants reveals, and therefore, the Applications deserve to be rejected.

5.

On hearing both the sides and on perusal of the investigation papers, as far as the demand is concerned, which reveals from the various verification panchnamas. The amount is also seized from one of the Applicant i.e. Ashok Shrawan Ramkham who is the middle person between the Informant and the present Applicants. As far as the involvement of the present Applicants in demand and acceptance of amount is concerned, which reveals from the investigation papers. Admittedly, the investigation is practically completed and only sanction is remained to be obtained, therefore the further incarceration of the present Applicants is not required. In view of that, the Applications deserve to be allowed. Accordingly, I proceed to pass the following order.

O R D E R

i.

The Applications are allowed.

5 13.BA.910-2025 & ORS..odt ii.

The Applicants- Jitendra s/o Pandurang Thakre, Pawan s/o Tansen Bhitkar, Jay s/o Ganesh Sonone, Nilesh s/o Bhaskar Talware & Ashok s/o Shrawan Ramkham in connection with Crime No.515/2025 registered with Police Station Darwha, District Yavatmal for the offence punishable under Sections 7, 7-A and 12 of the Prevention of Corruption Act, 1988, be released on bail, on executing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lakh) each with one solvent surety in the like amount.

iii.

The Applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

iv.

The Applicants shall not leave the jurisdiction of Yavatmal without prior permission of the Special Court, Yavatmal.

v.

The Applicants shall attend the proceedings before the Special Court without seeking any exemption unless there are exceptional circumstances.

6.

Pending application/s, if any, shall stand disposed of accordingly.

(URMILA JOSHI-PHALKE, J.) Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 26/08/2025 14:39:25 SD. Bhimte