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IN THE COURT OF SPECIAL JUDGE (CBI) FOR GREATER BOMBAY
ORDER BELOW EXHIBIT NO. 8,9 and 10 IN REMAND APPLICATION
NO.383 OF 2017 AND BAIL APPLICATION ON. 245 OF 2017
C.B.I.,A.C.B.,Mumbai
RC BA1/2017/A00017
Vs
1. Neeraj Agarwal
Age: 50 years.
R/a: 101,1st floor, Nav
Chetna B Antophill,
Wadala, Mumbai.
…Complainant.
2. Bhaskar @ Samir Tiwari
Age: 33 years.
R/a: H.No.A2, Street No.15,
Dayalpur Ext.,Karawal Nagar,
Delhi 110094.
3. Haresh Dharmani
4. Sachin Baliram Gaikwad
… Applicants/
Accused.
CORAM :
DATE
HIS HONOUR THE
SPECIAL JUDGE (C.B.I.)
SHRI P. S. TARARE (C.R.NO.50).
: 6th May, 2017.
SPP Mohammad Farid for CBI,ACB Mumbai.
Ld.Advocate Mr.Shreeram Shirsat for accused no.1
Ld. Advocate Mr.Harsh Parte for accused no.2.
Ld. Advocate Mr. Dalvi h/f. Mr.Ponda for accused no.3.
Ld. Advocate Mr.Abhijit Salve for accused no.4.
COMMON ORDER
1.
The accused have filed this applications for grant of bail in
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crime No. RC BA1/2017/A00017, registered against the accused for the
offences punishable u/sec. 120B of IPC r/w. Section 7,8 of PC Act,
1988.
2.
Read the application and say filed by the prosecution.
3.
Perused the case papers.
Heard Ld. APP and Ld. Counsel
appearing for the accused.
4.
The prosecution opposed the application for grant of bail on the
ground that investigation is at initial and crucial stage and the
applicant/accused may tamper with prosecution witnesses and the
offence is of serious nature. Investigation is in progress. Therefore bail
application may be rejected.
5.
He relied on the case of Nimmagadda Prasad Vs. CBI in
Criminal Appeal NO.728 of 2013, dated 9/5/2013, wherein it is held
that,
“ While granting bail, the court has to keep in mind
the nature of accusations, the nature of evidence in
support thereof, the severity of the punishment
which conviction will entail, the character of the
accused, circumstances which are peculiar to the
accused, reasonable possibility of securing the
presence of the accused at the
trial, reasonable
apprehension of the witnesses being tampered with,
the larger interests of the public/state and other
similar considerations”.
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6.
The Ld. Counsel appearing for the accused submitted that the
accused were arrested on 23/4/2017. They were in PCR till 2/5/2017
i.e. for the period of 10 days. Thereafter they are in J.C. The material
investigation is completed. The custodial interrogation of the accused is
not necessary. They further submitted that the offences levelled against
the accused is punishable with imprisonment for the period of 7 years
and the accused are ready to abide the conditions for grant of bail.
Therefore they may be enlarge on bail.
7.
Ld. counsel for applicant/accused relied on the case of Sanjay
Chandra V/s. CBI in Criminal Appeal no. 2178/2011 dated
23/11/2011, wherein it is held that;
“ The grant or refusal to grant bail lies within the
discretion of the Court.
The grant or denial is
regulated, to a large extent, by the facts and
circumstance
of each particular case.
But at the
same time, right to bail is not to be denied merely
because of the sentiments of the community against
the accused.
criminal
The primary purposes of bail in a
case are to
relieve
the
accused
of
imprisonment, to relieve the State of the Burden of
keeping him, pending the trial, and at the same time,
to keep the accused constructively in the custody of
the Court, whether before or after conviction, to
assure that he will submit to the jurisdiction of the
Court and be in attendance thereon whenever his
presence is required”.
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8.
The offence was registered against the accused on the report of
complainant on the allegation of demand of illegal gratification of Rs.50
lakhs for settlement of case and it was reduced to 35 lakhs.
9.
After registration of the case the trap was laid and the
accused were apprehended for having demanding and accepting bribe
of Rs.4 lakhs as the first installment from the complainant.
10.
On perusal of the case papers it appears that, during
investigation one fake CBI identity card was seized from accused no.2
Bhaskar Tiwari @ Sameer Tiwari showing him as inspector of police in
CBI. During the house search of accused no.1 Neeraj Agarwal one paper
chit containing names and amount in coded language was seized from
the bag of Shri Bhaskar Tiwari @ Sameer Tiwari. During the search of
the office cabin of accused no.1 Neeraj Agarwal two sale deeds of
Rs.2,50,000/ and Rs.4,00,000/ has been seized and pirma facie it
revealed that raid property is benami. During investigation it transpired
that accused no.3 Haresh Dharmani had paid Rs.30 lakhs as bribe to
accused no.1 Neeraj Agarwal through Sameer Tiwari in RC6(E)/2016
BSFC, Mumbai.
It further appears that during the course of
investigation the searches were conducted at the residential and official
premises of accused persons and during searches voluminous
incriminating documents were seized by the investigating officer.
11.
On perusal of the case papers it further appears that this is a
trap case and material investigation in respect of trap is over. The
offence
registered
against
the
accused
are
punishable
with
imprisonment which may extend to 7 years. The accused are ready to
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abide the conditions for grant of bail. Considering the above facts and
circumstances, the purpose of prosecution will be served if the accused
are released on bail on imposing certain conditions. Hence I proceed to
pass following order;
ORDER
1.
Bail Application Exh.8, 9 and 10 in Remand Application
no.383 of 2017 and Bail application No. 245/2017
are
allowed.
2.
Accused be released on bail on their executing PB of
Rs.50,000/ each with one solvent surety in the like amount
on the condition that they shall attend CBI office on every
Monday in between 10.00 a.m. to 5.00 p.m. till filling of
chargesheet.
3.
They shall not tamper with the prosecution witnesses in any
manner and they shall cooperate the investigating officer in
investigation.
4.
In case of any breach of condition the prosecution is at liberty
to file application for cancellation of bail.
5.
Inform Investigating officer.
6.
Bail Application No .245/2017 disposed of accordingly.
Date:06.05.2017
Dictated on : 06/05/2017.
Typed on
: 08/05/2017
Singed on : 09/05/2017
(P. S. Tarare)
Special Judge (CBI)
City Civil & Sessions Court,
Gr. Bombay.
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 09.05.2017 AT 0158 PM
: MRS. Prajakta K.More
NAME OF THE JUDGE
HHJ Shri.P.S.TARARE
(C.R.No.50)
Date of Pronouncement of Order
06.05.2017
Order signed by the P.O. On
09.05.2017
Order uploaded on
09.05.2017