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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1816 OF 2022
CNR NO. MHCC020098552022
Shri. Sanghratna Anil Gajbhiye
Aged about 37 years Occ: Service,
202, Balaji Amrit CHS, Sector3,
Ulwe, Navi Mumbai 410 210.
…Applicant/Accused
No.6
Vs.
1. The Intelligence Officer,
DRI, UTI Building,
Sir Vithaldas Thackersey Marg,
New Marine Lines, Mumbai 20.
2. The State of Maharashtra
…Respondents/State
Appearance :
Mr. Sachwani, Ld. Advocate for the applicant/accused.
Mr. Amit Munde, Ld. SPP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 17TH AUGUST, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. SPP for the State. Perused
documents on record.
2.
In brief it is contention of applicant that he is Custom
Officer. On the basis of secret information received about smuggling of
gold he was active to caught hold smuggled gold. In that attempt
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applicant is falsely implicated by Custom Officers. It is alleged that
applicant is arranging finance for smuggled gold which is caught hold
from other accused. It is further contention of the learned advocate for
applicant that applicant was arrested on 26.06.2022 and immediately
sent to judicial custody on 27.06.2022. Accused is having good career.
He received rewards from his office. In such circumstances, as nothing
is seized from applicant and alleged smuggled gold seized from other
accused therefore there is no requirement of further custodial
interrogation of applicant. Hence, prayed for grant of bail.
3.
Ld. SPP appeared for respondent submitted that from the
record it is revealed during investigation 920 calls exchanged between
applicant and other accused. Applicant is an influential person. There
are allegations about smuggling of 70 Kgs of gold previously. Statement
of applicant is recorded u/s. 108 of Customs Act which is admissible
and on the basis of such statement prima facie involvement of applicant
is revealed in alleged offence. It is further contended that alleged
offence is part of crime committed by syndicate of criminal. It is
economic offence therefore if applicant is released on bail at this stage
there is possibility of tampering of evidence and influencing of
witnesses. Hence, Ld. SPP prayed for rejection of the application.
4.
In view of submissions from both the sides, perused
documents on record, prima facie it is revealed that applicant was
arrested while making interrogation with other accused who were
caught hold by Custom Officers while in possession of gold. Further it
also reveals that there was communication between applicant and other
accused. It is defence of applicant that he was doing his official duty on
the basis of official input. In support of such defence prima facie there is
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no documentary evidence on record or other circumstances whereby it
can be inferred that applicant was doing his official duty. On other
hand from the say of respondent it reveals that applicant was posted at
Jawaharlal Nehru Custom House, Nhava Sheva, Mumbai on the day of
incident with specific duty of xray scanning of the containers. In such
circumstances act of applicant creates suspicion about his involvement
in the alleged crime. Maximum punishment for the offence punishable
u/s.135 and 136 of Customs Act is imprisonment for 7 years. As
investigation is in progress, therefore, taking into consideration role
attributed to the applicant and his official position, I am of the opinion
that there are chances of tampering of evidence by the applicant.
Hence, in such circumstances, in view of nature of offence applicant is
not entitled to be released on bail. Hence, I passed the following
order :
ORDER
Criminal Bail Application No.1816 of 2022 is rejected and disposed of
accordingly.
Date : 17.08.2022
Dictated on
: 17.08.2022
Transcribed on : 17.08.2022
HHJ signed on : 17.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
18.08.2022
Upload Time
4.30 p.m.
Name of Stenographer
Vishnu S. Shinde
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 17.08.2022
JUDGMENT /ORDER signed by 17.08.2022
P.O. on
JUDGMENT /ORDER uploaded 18.08.2022
on