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BA 689/19 RA 864/19
IN THE COURT OF HON’BLE SPECIAL JUDGE
UNDER THE PREVENTION OF CORRUPTION ACT
FOR GR. MUMBAI, AT MUMBAI
BAIL APPLICATION NO. 689 OF 2019
IN
R. A. 864 OF 2019
Mahadev Appa Shinde
… Applicant/Orig.Accd.

V/s
The State of Maharashtra
(Through A.C.B. Mumbai C.R.No.26/19)
… Respondent/
Complainant.

Appearances: Ld.Adv.Mr. Ajay More 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
03.08.2019, in connection with C.R. No. 26 of 2019, of the ACB
Mumbai, under Sec. 7, 12 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.

The applicant is a permanent resident of
Mumbai. He is serving in Mumbia Municipal Corporation. He is the
only earning member of his family. Nothing is to be recovered from the
applicant. The applicant has no criminal antecedent.

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3.

BA 689/19 RA 864/19
The prosecution has objected the application by filing reply
Exh.2. They have objected on the ground that the investigation is at
preliminary stage. Secondly, one of the accused is still to be arrested.
The applicant may pressurize the witnesses.
4.

I have heard both the sides.

5.

It appears that the applicant is serving in Corporation. He
is a resident of Mumbai. There are no chances of abscondance. Voice
sample of this applicant is to be taken.

Substantial part of the
investigation is over. Further detention of the applicant appears to be
unwarranted. The role of the applicant is to abet the main accused to
commit offence under Sec. 7 of the P.C. Act.

The punishment
prescribed for the offence is imprisonment to the extend of seven years.
So far as objections regarding possibility of pressurizing the witnesses
and the stage of investigation is concerned, certain conditions can be
imposed.
6.

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.
ORDER
1.

Bail Application No. 689 of 2019 in ACB Remand Application No.

864 of 2019 is allowed.
2.

Applicant/Accused Mahadev Appa Shinde, be released on bail on
his executing PR Bond of Rs. 15,000/­ and surety bond in like amount
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BA 689/19 RA 864/19
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. 688 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 689/19 RA 864/19
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