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IN THE COURT OF SPECIAL JUDGE (CBI) FOR GREATER BOMBAY
BAIL APPLICATION NO. 608 OF 2017
IN
REMAND APPLICATION NO.729 OF 2017
IN
R.C.NO.RCBSM2015E0007CBI/BS&FC/MUM
Shri Rajesh Manikchand Jain
Age: 58 years.
R/a: 6033/4,1st floor, Santusti,
D6 Vasantkunj, Delhi 11 0070.
Vs
The State of Maharashtra
(At the instance CBI, BS & FC,
Mumbai).
]
]
]
]
… Applicant/accused.
]
]
]
… Respondent.
CORAM : SHRI P. S. TARARE (C.R.NO.50).
DATE : 04th October, 2017.
Advocate Mr. H H Nagi for Applicant/accused.
SPP for CBI absent.
ORDER
1.
This is the application for grant of bail in crime no.
RCBSM2015E0007CBI/BS&FC/MUM filed by applicant/accused under
Section 167 (2) of Criminal Procedure Code, 1973.
2.
Read the application. Say not filed by prosecution.
3.
It is submitted that the accused is arrested on 03.08.2017 in
crime no.RCBSM2015E0007CBI/BS&FC/MUM, registered with CBI, BS
& FC u/s 120 B r/w 420,468,471 of IPC and Sec. 13 (2) r/.w 13 (1) (d)
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of Prevention of Corruption Act and produced before this court on
04.08.2017.
4.
It is further submitted that after production of accused before
this Hon’ble Court 60 days have been lapsed on 03.10.2017 and the
chargesheet has not been filed by the investigating agency till date.
5.
Heard the ld counsel for applicant. Perused the record.
6.
Hon’ble Apex Court (Deepak Gupta,J)
in a case of
“Rakesh Kumar Paul v/s State of Assam” in Petition (s) for Special
Leave to Appeal (Criminal) No.(s) 2176 of 2017 decided on 16.08.2017
held that:
“In all cases where the minimum sentence is less than 10
years bu the maximum sentence is not death or life
imprisonment then Section 167(2)(a)(ii) will apply and the
accused will be entitled to grant of ‘default’ bail after 60 days
in case chargesheet is not filed.”
7.
The offence charged against the accused is a punishable upto
period of 10 years but the minimum imprisonment for a term is less
than 10 years. Since the date of arrest of accused 60 days have been
lapsed and as per the information provided by sessions department the
charge sheet is yet not filed by prosecution till date. Hence, the accused
is entitle for grant of bail u/s 167(2) of Cr.P.C.
8.
Hence I think it proper to release the applicant/accused on
bail on imposing certain conditions. Accordingly, I pass the following
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order;
ORDER
1. Bail Application bearing no.608/17 is allowed.
2. The applicant/ accused Rajesh s/o Manikchand Jain be
released on bail on his executing PB and SB of
Rs.2,00,000/ with one or two solvent sureties of like
amount subject to condition that:
a) He shall attend CBI office as an when required by the
IO for the purpose of investigation.
b) He shall not leave India without prior permission of
the Court.
c) He shall not tamper with the prosecution witnesses
in any manner.
3.
Inform Investigating Officer accordingly.
4.
Bail Application bearing no.608/17 stands disposed off
accordingly.
Date: 04.10.2017
Dictated on : 04/10/2017.
Typed on
: 06/10/2017
Singed on : 06/10/2017
(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
: 06.10.2017 AT 0403 PM
: MRS. Prajakta K.More
NAME OF THE JUDGE
HHJ Shri.P.S.TARARE
(C.R.No.50)
Date of Pronouncement of Order
04.10.2017
Order signed by the P.O. On
06.10.2017
Order uploaded on
06.10.2017