B.A.No. 323/19.
1
Order.
CNR NO. MHCC020058162019.
IN THE COURT OF SPECIAL JUDGE,
(CONSTITUTED UNDER THE PREVENTION OF CORRUPTION ACT)
FOR GR. MUMBAI, AT MUMBAI.
BAIL APPLICATION NO. 323 OF 2019
IN
REMAND APPLICATION NO. 397 OF 2019
IN
R.C.NO. ACB/16/2019
Shri Nitin Sadanand Kadam,
Age: 41 years, Occu: Service,
Mohta Nagar, ‘A’ Wing,
Ground Floor, Room No.3,
Vikhroli (West), Mumbai 400 079
…Applicant/Accused
Versus
The Superintendent of Police,
ACB, Worli,
Mumbai
…Respondent
Appearance:
Learned Advocate Mr. Yogiraj B. Purwant for Applicant.
Learned APP Mr. S.D.Gonsalvis for Respondent/ACB.
CORAM : HIS HONOUR JUDGE SHRI S.J.BIYANI.
SPECIAL JUDGE (UNDER P.C.ACT).
(C.R.NO.46).
DATED : 22nd APRIL, 2019.
ORDER
Perused application, say. Heard both sides.
2.
Advocate for accused submitted that accused is falsely
implicated in present case and he has not demanded any amount to the
original allottee Jalindar Mokashi.
Moreover, the complainant had
B.A.No. 323/19.
2
Order.
thrusted bribe amount in the pocket of accused.
The major
investigation is completed. Accused is ready to abide the conditions as
ordered by Court.
3.
Respondent have objected for the application on the
ground that during the house search of accused many documents were
found but accused could not give its satisfactory reply and yet enquiry
in that regard is to be conducted.
If accused is released on bail,
possibility of tampering and pressurizing prosecution witnesses cannot
be denied, therefore objected for the application.
4.
APP objected for the application.
5.
Considering the objection the purpose of investigation
officer can be sufficed by imposing conditions and no any purpose can
be sufficed by keeping accused behind bar. Hence following order :
ORDER
1.
Bail Application No. 323/2019 is allowed.
2.
Accused Nitin Sadanand Kadam is released on bail on
furnishing P.R.Bond of Rs.15,000/ with solvent surety of like amount
on condition that accused shall not tamper and pressurize prosecution
witnesses in any way and shall remain present before investigation
officer on every Sunday in between 2.00 p.m. to 5.00 p.m. for a month
from date of order for assisting the investigation and shall remain
present thereafter as and when directed by investigation officer for
investigation purpose.
B.A.No. 323/19.
3.
3
Order.
B.A.No. 323/19 is disposed off accordingly.
(S.J.BIYANI)
Spl. Judge under
P.C.Act, Gr.Mumbai.
Date : 22/04/2019.
1. Dictated on
2. Transcribed on
3. Signed on
4. Delivered to Certified
Copy Section on
: 22/04/2019.
: 22/04/2019.
: 22/04/2019.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
22/04/2019. 5.33 p.m.
NAME OF STENOGRAPHER
Miss M.A.Kulkarni
Name of the Judge (with Court Room no.)
HHJ Shri S.J.Biyani.
(Court Room No.46).
Date of Pronouncement of Judgment/Order 22/04/2019.
Judgment/Order signed by P.O. on
22/04/2019.
Judgment/Order uploaded on
22/04/2019.