← Library
Bombay High CourtBA/1991/2025allowed

Mahesh Gokul Potdar v. State Of Maharashtra

2025-05-07Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1991 OF 2025 Mahesh Gokul Potdar ...Applicant

VERSUS

The State of Maharashtra

...Respondent

....

Mr. Shirish P. a/w Amol Ghuge a/w Mr. Mahesh Subramaniam , Advocate for the Applicant.

Ms. G. P. Mulekar, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

07.05.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 68 of 2025 registered at Surgana Police Station at Nashik for the offences punishable under Section 7 of the Prevention of Corruption Act, 1988.

3.

At the relevant time, the applicant was working as Block Development Officer at Panchayat Samiti, Surgana. It is alleged that the applicant demanded and accepted Rs.4,60,000/- from the complainant for forwarding his bill of Rs.2,32,30,027/-, to Nasik Zilla Parishad, which was submitted by him towards supply of cement and steel for construction of Dam under the Mahatma Gandhi Rojgar

Yojna.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 5.

The learned counsel for the applicant submits that the bills were already forwarded to the Zilla Parishad, Nasik and thus there was no question of demand of alleged bribe amount by the applicant. The learned counsel for the applicant submits that the investigation is almost over and further detention of the applicant is not warranted.

6.

On the other hand, the learned APP for the Respondent/State submits that the applicant is involved in serious crime of demand of bribe. It is submitted that considering the nature of offence the applicant may not be released on bail. The learned APP, however, on instructions, submits that the investigation is over and papers are forwarded to the competent authority for sanction.

7.

I have perused the papers of investigation. Primafacie, there appears to be substance in the submission of the learned counsel for the applicant. The investigation is over. Considering the said facts, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 68 of 2025 registered at Surgana Police Station at Nashik for the offences punishable under Section 7 of the Prevention of Corruption Act, 1988, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned A.C.B. Office once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.

D] The applicant shall not tamper with the prosecution evidence.

E] The applicant shall deposit his passport if any with the concerned A.C.B.

Office.

8.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)