High Court
Facts
1 BA 2101.23 & 2094.23.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO.2101 OF 2023VINOD KESHAVRAO KHANDARE VERSUSTHE STATE OF MAHARASHTRA...Advocate for Applicant : Mr. G.G. KadamAPP for Respondent : Mr. A.S. Shinde...ANDBAIL APPLICATION NO. 2094 OF 2023GAJENDRA S/O HIRALAL RAJPUTVERSUSTHE STATE OF MAHARASHTRA...Advocate for Applicant : Mr. R.N. Dhorde Sr. Counsel i/b Mr.V.R. Dhorde APP for Respondent : Mr. A.S. ShindeAdvocate for Assist to APP : Mr. D.S. Bagul...CORAM : S. G. CHAPALGAONKAR, J. Dated : December 07, 2023 ...ORDER :-1.The applicants in both these bail applications seekregular bail in connection with crime no.403 of 2023registered with police station Bhagyanagar, Nanded, DistrictNanded for the offences punishable u/s 7and 12 of thePrevention of Corruption Act, 1988 (for short PC Act).2.The investigation was set in motion on the basis ofinformation given by Mr. Dadarao Dhage, who alleges that heaaa/- 2 BA 2101.23 & 2094.23.odtis a contractor and running a firm namely Omkar construction.He had filled a Tender for construction of roads in TalukaHadgaon, District Nanded. He was found to be the successfulbidder. However, Tenders were laying at the stage ofrecommendation in the office of Superintending EngineerPWD, Nanded. Accordingly, on 30.10.2023 informantcontacted with the applicant Superintending Engineer, whodemanded half percent of tender amount for making favorablerecommendation to the office of the Chief Engineer. Theanother applicant/accused working as Senior Clerk in theTender Department demanded bribe of Rs.50,000/- for thesection. Since, first informant was not willing to satisfy thedemand of bribe, he approached Anti Corruption Department,at Nanded. Accordingly, trap was arranged. Demand wasrecorded in a voice recorder used for that purpose. Inpursuance of the demand, second accused i.e. senior clerkapprehended red handed with bribe amount of Rs.6,40,000/-,which has been recovered from the informant. Apart fromthat, huge amount of Rs.48,59,900/- recovered from his tablerack. Accordingly, crime no.403 of 2023 came to be registeredagainst the applicant/accused for the offence punishable u/s12 and 7 of the PC Act. The applicants have been arrested on2.11.2023. They were remanded to police custody from2.11.2023 till 7.11.2023. Since then, they are in the MCR. Theapplicants moved respective bail applications for grant of bailbefore the Special Court, which came to be rejected vide orderdated 10.11.2023. Hence, these applications.aaa/-
Legal Reasoning
5 BA 2101.23 & 2094.23.odtnecessary would be the question for consideration before thisCourt.7.Both the applicants are the Government Servantsand deeply rooted in the society. Case of the prosecution isbased on the trap arranged through ACB department. Requisiteevidence is already possessed by the prosecution. The offencesalleged to be under section 7 and 12 of the PC Act arepunishable with imprisonment up to seven years. Prima facie,there is nothing to indicate that the applicants would flee awayfrom process of law or there is likelihood of tampering of theevidence.8.It is submitted that since huge cash amount hasbeen seized from the applicants, the investigation regardingdisproportionate assets is going on. However, it is not pointedout as to how release of the applicants would bring hurdles insuch investigation. In that view of the matter, when theapplicants are behind bar for more than five weeks afterremand to MCR, there is no reason to continue their detentionany more. Hence, the case is made out for grant of bail subjectto certain conditions. Hence, following order.O R D E R i.Bail application no.2101 of 2023 and 2094 of2023 are hereby allowed. ii.The applicant Vinod Keshavrao Khandare in BA No2101 of 2023 and the applicant Gajendra s/oHiralal Rajput in BA no.2094 of 2023 be releasedon bail in connection with crime no.403 of 2023aaa/- 6 BA 2101.23 & 2094.23.odtregistered with police station Bhagyanagar,Nanded, District Nanded for the offencespunishable u/s 7 and 12 of the Prevention ofCorruption Act, 1988 on their furnishing PB andSB for Rs.1,00,000/- (Rs. One Lakh) with one ormore solvent.. sureties in the like amount by eachof them on the following conditions :-a]The applicants in both bail applications shall nottamper with the prosecution evidence in anymanner.b]The applicants in both bail applications shallcooperate with the investigation and shall reportthe investigating agency on every Tuesday andFriday between 10 am to 2 pm till filing of thecharge-sheet or for a period of three months fromthe date of their release. c]After end of the period of three months, theapplicants in both bail applications shall reportoffice of Investigating Agency once in a week i.e.on every Saturday between 10 am to 12 noon for afurther period of three months.d]The applicants in both bail applications shall notleave the State of Maharashtra without specificintimation and submission of itenary to thecompetent Court, who shall, after considering thereasons for travel, grant such permission duringpendency of trial till filing of the charge-sheet.e]The applicants in both bail applications shallsurrender their Passport to the trial court, if any. f]The applicants in both bail applications shall notdirectly or indirectly intimidate, induce, threat toany person acquainted with the facts of the case soaaa/-
Arguments
3 BA 2101.23 & 2094.23.odt3.Mr. Dhorde, learned senior counsel and Mr.Kadam, learned advocate appearing for respective applicantscontend that the applicants have been falsely implicated in theaforesaid crime on account of political reasons. Mr. Dhorde,learned senior counsel would submit that applicant GajendraRajput (in bail application no.2094 of 2023) is serving as aSuperintending Engineer. He had already recommendedtenders of the informant. The final decision was pending withthe office of the Chief Engineer. Neither there was demand ofany bribe as alleged nor had applicant accepted the amount.The applicant was remanded to police custody for five days.Necessary evidence has been already collected. The applicantis behind the bar for more than five weeks. Further detentionof the applicants would not be necessary. Hence, he urges torelease the applicants on bail.4.Mr. Kadam learned counsel appearing for theapplicant in BA No.2101 of 2023 adopts the argumentsadvanced on behalf of the learned senior counsel and alsosubmit that the applicant has been falsely implicated in theaforesaid crime.5.Mr. Bagul, learned advocate appearing for the firstinformant and Mr. Shinde, learned APP appearing for therespondent-state vehemently opposed the prayer for grant ofbail contending that, prima facie, there is sufficient evidence toindicate demand and acceptance of bribe by the accusedpersons. The applicant Gajendra Rajput, after negotiations,demanded bribe of rupees six Lakhs. Conversation is recordedaaa/- 4 BA 2101.23 & 2094.23.odtin the recorder. The another accused Vinod Khandare, who issenior clerk working in the office of Superintending Engineeraccepted cash amount of Rs.6,40,000/- by way of bribe. He isapprehended red handed alongwith cash. Apart from the bribereceived from the first informant, huge cash amount has beenrecovered from the cupboard/rack of accused Vinod Khandare.Further, during search of official residence of accused GajendraRajput, cash amount of Rs.24,31,590/- has been seized.Investigation in respect of aforesaid amount is still in progress.The applicants may intimidate witnesses and destroy theevidence. Therefore, they urges to reject the applications.6.Having considered the submissions advanced,apparently, case of the prosecution is based on the trap laidthrough the Anti Corruption Department. Accused VinodKhandare alleged to have red handed apprehended with bribeamount of Rs.6,40,000/- including amount of Rs 6.00 Lakhsdemanded by the accused Gajendra Raut. Apart from thatrecovery of sizable sum has been alleged from them. Theapplicants were arrested on 2.11.2023 and remanded to policecustody till 7.11.2023. Since then, they are in the MCR. Primafacie, it is revealed that cash amount of Rs.6,40,000/- isallegedly received by accused Vinod Khandare for himself andon behalf of accused Gajendra Rajputt. In addition sizablecash is seized from the rack of accused Vinod Khandare fromofficial residence of accused Gajendra Rajput. Although, primafacie case has been made out against the applicants, whetherin the facts of the case, further detention of the applicants isaaa/-
Decision
7 BA 2101.23 & 2094.23.odtas to deceive him from disclosing the facts to theCourt or any police officer. g]In case of filing of the charge-sheet, applicants inboth bail applications shall cooperate for theexpeditious disposal of the trial. h]The applicants in both bail applications shallfurnish their permanent residential address,contact numbers with the Investigating Agencyand update the same in case of change.iii.Bail applications are accordingly disposed off. ( S.G. CHAPALGAONKAR ) JUDGE...aaa/-aaa/-