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O-BA ACB 552/2024
CMHCC020106462024
IN THE SESSIONS COURT FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.552 OF 2024
IN
ACB R. A. NO.816/2024
(CRIME NO.21/2024)
Deepak Waman Bagul
Age:56 years, Occu:- Service
Residing at: Parijat Society,
Room No.601, Wroli Police Colony,
Worli, Mumbai, Maharashtra.
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… Applicant/Accused
V/s.
State of Maharashtra
(through ACB, Mumbai),
C.R. No.21/2024.
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… Respondent/State
Appearances :Adv. Mr. Sandeep Singh
for applicant/Accused.
A.P.P. Mr. Rajlaxmi Bhandari
for respondent/State.
CORAM : HHJ ABHIJEET. A. NANDGAONKAR
SPECIAL JUDGE ACB, C.R.NO.45
ADDL. SESSIONS JUDGE,
CITY CIVIL AND SESSIONS COURT,
GR. BOMBAY.
th
DATE : 15 July, 2024.
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O-BA ACB 552/2024
ORDER
The applicant/accused Deepak Waman Bagul filed this
application
under
Section
483
of
Bharatiya
Nagrik
Suraksha
Sanhita,2023 prayed for grant of bail in C.R. No.21/2024 registered
with ACB police station, Mumbai under Section 07 of Prevention of
Corruption Act, 1988.
02.
The applicant/accused submitted that, he is falsely
implicated in this case. He has no criminal antecedent, he has not
committed any crime. Investigation in the lodged crime i.e.
panchanama recording of voice sample already considered and taken
by investigating Officer. There is no possibility of absconding as he is
police officer Senior PI attached to Tilak Nagar police Station. Thus, he
will not abscond. Nothing remained to be recovered and discovered
from the accused even after his police custody. He is now in Judicial
custody from 11/07/2024, after his arrest on 09.07.2024 and grant of
PCR for two days.
03.
The applicant/accused submitted that, the offence is not
punishable with death or imprisonment of life. He is ready to abide all
terms and conditions imposed by this Court and undertakes not to
tamper the evidence and witnesses of the prosecution and not hamper
of the investigation. He is ready to assist the prosecution. Therefore, he
prayed that he be released on bail.
04.
Say of the prosecution is called at Exh.4. Investigating
Officer through Ld. APP filed written reply at Exh.4 and submitted that
accused is a public servant and the statements of the witnesses are yet
be recorded. Documentary evidence is yet to be collected. If accused is
released on bail, he may pressuring the witnesses and hamper the
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O-BA ACB 552/2024
prosecution and therefore, they strongly opposed the application to
grant bail to the applicant/accused.
05.
Heard Learned Adv. Mr. Sandeep Singh and Learned
Additional Public Prosecutor Rajlaxmi Bhandari for the State. Perused
the submissions of the both the sides. I. O is absent.
06.
It is the complaint, lodged by Mr. Jogindarlal Mahesh
Khosla in ACB police Station on 09/07/2024 when there monitory
transaction of Rs.27,50,000/-with Mrs. Rajani Deshpande took place. It
is the dispute as Smt. Rajani assured him to deposit Rs.25 Lakhs
through Arif which should be double in 24 hours, if it was deposited in
Om Sai Co-operative Credit Society Ltd., Mumbai or
Gajanan Co-
operative Credit Society, Mumbai in return cheques were handed over
to him. Accordingly, he handed over cash of Rs.27,50,000/- to Rajani
Deshpande but it was not returned inspite of repeated demands.
Admittedly, the cheques paid was not honoured resulted in the dispute
when insisted to refund the amount. Mrs. Rajani Deshpande changed
her residence and came to reside at Ghatkopar therefore, when she was
contacted in the office not found and phone call was received asking
him to come to Tilak Nagar police Station. To resolve the dispute the
applicant/accused insisted to pay 25% of their transaction amount
which was of Rs.Eight Lakh paid by Mrs. Rajani Deshpande to the
complainant but, applicant/accused asked to pay Rs.One lakh to settle
the matter. As he was not ready to pay the amount, on 09/07/2024
complaint was lodged with ACB office Wroli, Mumbai and thus trap
was laid.
07.
On 08/07/2024, the accused being a public servant on
duty when visited by the complainant at Tilak Nagar police station,
where there conversation came to be recorded and on demand by the
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O-BA ACB 552/2024
applicant/accused the complainant Mrs. Rajani paid Rs.20,000/- and
remaining to be paid, there after assured to pay Rs.15,000/-. The
accused accepted that amount total of Rs.35,000/- and trapped by anti
corruption department
made successful. Accordingly, after the
procedural aspect the amount came to be seized in CR no.21/2024
under Section 7 of Prevention of Corruption Act came to be registered
against the accused. Accused Deepak Waman Bagul came to be arrested
on 09/07/2024 produced before the in-charge Court and remanded
into the PCR till 11/07/2024. On 11/07/2024 as there was no
sufficient ground for extension of PCR found, hence, applicant/accused
is taken into the MCR till 24/07/2024. As the accused in MCR, this
application came to be moved for releasing him on bail.
08.
After going through the submissions, admittedly the
accused Deepak Waman Bagul is Senior Police Inspector attached to
Tilak Nagar police Station a public servant who has been lodged in Jail.
Therefore, whatever may be the allegations leveled against him about
acceptance, demand about bribe amount and the procedural aspect
completed after laying the trap successful, but further detention in jail
of such person was of no used at all. As per the documents placed on
record accused/applicant suffered from various medical problem and
bunch of documents has been placed on record in-support required to
be pay attention.
09.
The dispute between the complainant Mrs. Rajani to hold
the amount by luring investors of doubling the amount within 24 hours
and non refund of the same is the crucks of the matter, and is order to
divert the attention of the depositors such type of lodging the
complaint with the police seems to the modus operendi. In this manner
the applicant/accused got involved in this crime when he tried to
proceed with the complaint with the intention to recover the amount. It
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O-BA ACB 552/2024
is alleged that he will required to paid 25% of total amount and thus,
the settlement was took place with Rs. One Lakh in which part amount
has been paid.
10.
Thus, further investigation about the procedural accepts by
the concerned Investigation Officer will take it’s own time, in that
course including the seizure of the document and recording of
statements further detaining the applicant/accused does not warranted
at all. However, considering the status as a Senior PI with Tilak Nagar
police Station , it is necessary to impose conditions for his released on
bail. So that, he should be restrained from hampering the further
investigation and threatening the witnesses which are to be examined
by investigation officer on which prosecution wants to reply upon
prima facie during the course of trial. Hence further detention of the
applicant/accused in jail do not warranted. With this observation the
applicant/accused Deepak Waman Bagul required to be released on bail
on following terms and condition. Hence I proceed to pass following
order.
ORDER
1.
Bail Application No.552/2024 moved by accused Deepak
Waman Bagul, Senior PI attached to Tilak Nagar police Station in
RA no.816/24 arising out of C.R No.21/2024 under Section 7 of
Prevention of corruption Act is allowed.
2.
Accused Deepak Waman Bagul to be released on bail on
executing personal bond of Rs.One Lakh with one or more
solvent sureties of like amount.
3.
Provisional cash bail of Rs.One Lakh is allowed to be
deposited before this Court after treasury hours.
4.
Additional Registrar(Sessions) is directed to accept cash
bail amount of Rs.One Lakh, which should be kept in fixed
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deposit until further order and not be released and refunded to
the accused without permission of this Court till completion of
the trial.
5.
The accused should not tamper with the witnesses and
hamper the investigation.
6.
The accused shall co-operate
with
the
investigating
agency, as and when called by the IO, the accused should assist
Investigating Officer for further investigation.
7.
Accused shall not leave territory of India without prior
permission of this Court. Passport if it is with the accused to be
deposited with the IO within 7 days from his release from Jail.
8.
Accused shall furnish his detail address, copy of his Aadhar
Card, pan card, driving license(if any) and he shall intimate
about change of his residential address immediately to the
Investigating Agency.
9.
Bail Before this Court.
10.
Accordingly, Bail application No.552/2024 stands disposed
of.
DATE:-15/07/2024
Dictated on
:-15/07/2024
Transcribed on :- 16/07/2024.
Signed on
:- 16/07/2024
(ABHIJEET. A. NANDGAONKAR)
SPECIAL JUDGE ACB, C.R.NO.45
ADDL. SESSIONS JUDGE,
CITY CIVIL AND SESSIONS COURT,
GR. BOMBAY.
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O-BA ACB 552/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
16/07/2022 at 5.30 p.m.
NAME OF STENOGRAPHER
VASANTI DATTATRAY BHOSALE
Name of the Judge ( With H.H.J. Shri.Abhijeet A. Nandgaonkar
Court Room No.)
(Court Room No.45)
Date of Pronouncement of 15/07/2024.
JUDGMENT/ORDER
JUDGMENT/ORDER signed 16/07/2024.
by
P.O. on
JUDGMENT/ORDER
uploaded on
16/07/2024.