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BA 691/19 RA 861/19
IN THE COURT OF HON’BLE SPECIAL JUDGE
UNDER THE PREVENTION OF CORRUPTION ACT
FOR GR. MUMBAI, AT MUMBAI
BAIL APPLICATION NO. 691 OF 2019
IN
R. A. 861 OF 2019
Dhondiram Shankarrao Bandgar
… Applicant/Orig.Accd.

V/s
The State of Maharashtra
(Through A.C.B. Mumbai C.R.No.25/19)
… Respondent/
Complainant.

Appearances: Ld.Adv.Mr. Rajesh Jaiswar for the applicant
Ld. APP Mr. Siroya for the State.
Coram :
Date :
Ashutosh N. Karmarkar
Special Judge (Court Room No.54)
6th August, 2019
ORDER
This is an application under Sec. 439 of the Cr.P.C., for
releasing the applicant/accused on bail.
2.

According to the applicant/accused he was arrested on
02.08.2019, in connection with C.R. No. 25 of 2019, of the ACB
Mumbai, under Sec. 7 of the Prevention of Corruption Act.

The
applicant was in police custody till 05.08.2019 and then he was taken in
judicial custody. The application is filed on the ground of innocence
and false implication.
3.

According to the applicant, the original complainant was
not resuming his duty on time, so the applicant was decided to taken
action against him. Therefore, the applicant is implicated in the false
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case.

BA 691/19 RA 861/19
According to the applicant, statements of the witnesses are
recorded.

The house of the applicant is searched.

practically over.

Investigation is
There is no need of further detention.

Family
members of the applicant are depending on him.
4.

The prosecution has objected the application by filing reply
Exh.2. According to them, in order to make payment of salary amount
of the complainant, this applicant was demanded bribe of Rs. 10,000/­
and it was settled to Rs. 5,000/­. According to the prosecution, the
statements of the witnesses are to be recorded. CC TV footage at the
office of the applicant is to be recovered. Another objection is that, the
applicant may pressurize the witness.
5.

I have heard both the sides.

6.

It appears that, the applicant is serving in Corporation. He
seems to be resident of adjourning District Thane. There are no chances
of abscondance. Tainted amount is recovered from the applicant. Voice
sample of the applicant is also taken.

House of the applicant is
searched. It is seen that the major part of the investigation is over. So,
further detention of the applicant appears to be unwarranted.

The
punishment prescribed for the offence is imprisonment to the extend of
seven years. So far as the objections are concerned, care can be taken
by imposing certain conditions.
7.

For the reasons recorded above, I am of the opinion that,
he can be released on bail. Accordingly, I proceed to pass order in
following terms.

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BA 691/19 RA 861/19
ORDER
1.

Bail Application No. 691 of 2019 in ACB Remand Application No.

861 of 2019 is allowed and disposed off.
2.

Applicant/Accused Dhondiram Shankarrao Bandgar, be released
on bail on his executing PR Bond of Rs. 15,000/­ and surety bond in
like amount with one or more sureties.
3.

He shall not tamper with the evidence and the prosecution
witnesses.
4.

He shall attend the office of I.O. on alternate Sunday starting
from 18.08.2019 in between 12.00 noon to 01.00 p.m., for the period of
two months or till filing of the chargesheet whichever is earlier.
5.

Bail Application No. 691 of 2019 is disposed of accordingly.

(Ashutosh N. Karmarkar)
Spl. Judge,
under the P.C. Act,
Gr.Mumbai.
Date: 06.08.2019
Dictated on
Transcribed on
Date of sign
: 06.08.2019
: 07.08.2019
: 07.08.2019
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BA 691/19 RA 861/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME
:
07.08.2019
NAME OF STENOGRAPHER
:
S.S.BATHE
5.20 P.M.

Name of Judge (with Court Room No.)

Shri A.N. KARMARKAR
(C.R.No.54)
Date of Pronouncement of
JUDGMENT /ORDER
06.08.2019
JUDGMENT /ORDER signed by P.O. on 07.08.2019
JUDGMENT /ORDER uploaded on
07.08.2019