..1.. B.A. No.170/2024 in ACB R.A. No.231/2024
CNR NO. MHCC02-003319-2024
IN THE COURT OF SPECIAL JUDGE,
(CONSTITUTED UNDER THE PREVENTION OF CORRUPTION ACT,
1988)
FOR GREATER BOMBAY AT MUMBAI
BAIL APPLICATION NO.170 of 2024
IN
REMAND APPLICATION NO.231 OF 2024
IN
(C.R. NO. 05 OF 2024 (ACB, BMU, Mumbai)
Sanjay Munjajirao Ghodajkar
Aged 54 Yrs., Occupation: Service,
Joint Sub-Registrar, Mulund, Mumbai.
Presently residing at: 504, Samarth
Shrusti, Dutta Mandir Road,
Nahur (West), Mulund, Mumbai.
Presently residing at: Celebria
Apartment, Flat No.102, Kokane
Chowk, Rahatani, Pimpari-Chinchwad
Pune – 411017.

…Applicant/accused
V/s.
The State of Maharashtra
Anti Corruption Bureau, Mumbai.
Appearances :
Mr. Lade, Ld. A.P.P. for the State.
Advocate Mr. Karan Mehta for applicant/accused.
CORAM:
DATED:
…Respondent
(Orig. Complainant)
H.H. THE SPECIAL JUDGE
UNDER P.C. ACT
Mr. N.P. MEHTA
(C.R. No.46).
26th FEBRUARY, 2024.

..2… B.A. No.170/2024 in ACB R.A. No.231/2024
:ORDER:
The instant application is preferred by applicant for grant
of bail under Section 439 of the Code of Criminal Procedure of the
offence punishable under Section 7 of the Prevention of Corruption Act,
1988 read with Section 201 of the Indian Penal Code registered with
Anti Corruption Bureau, Mumbai.
2.

It is the case of prosecution that complainant approached
accused Sanjay Ghodajkar to get original documents of the registered
Sale Deed. At that time, scanning work of document was pending. For
getting this document scanned and to provide copy of original
document, accused Sanjay Ghodajkar demanded bribe of Rs.24,000/from complainant. On the day of trap, complainant had talks with
accused Sanjay Ghodjakar regarding his pending work. Mr. Sanjay
Ghodajkar suspected foul, therefore, he asked complainant and panch
Shinde to leave his office. Again complainant went to meet Mr.
Ghodajkar at his office. Accused demanded money from complainant.
The money was demanded for flag donation. Complainant delivered
Rs.24,000/- by placing it on the table of accused Mr. Ghodajkar who
took it in his custody and kept in his table drawer.

On receipt of
predetermine signal from complainant, accused Mr. Ghodajkar came to
be arrested. Crime came to be registered against him bearing
No.05/2024 under Section 7 of the Prevention of Corruption Act, 1988
read with Section 201 of the Indian Penal Code.
3.

It is the matter of record that accused Mr. Ghodajkar is in
judicial custody. Investigation concerning to Mr. Ghodajkar is not yet
completed. Investigating officer during the course of hearing requested
..3.. B.A. No.170/2024 in ACB R.A. No.231/2024
for rejection of bail application preferred by him. It is further submitted
by her that similar case was pending against him at Hingoli, Court.
4.

On perusal of bail application it appears that as sanction
was not accorded to prosecute accused before Hingoli Court, therefore,
in view of bar under Section 19 prosecution could not be launched
against accused in the said case. Further it is submitted by investigating
officer that there is apprehension that accused Mr. Ghodajkar may
threaten prosecution witnesses of the instant case and further accused
may commit crime of similar nature on his release on bail.
5.

So far as involvement of accused Ghodajkar is concerned,
he was found accepting bribe of Rs.24,000/- from complainant. It is
matter of record that the tainted money could not be recovered till date.
Having regard to the nature of crime accused can be directed to mark
his presence before Anti Corruption Bureau for enabling its officer to
make necessary inquiry with accused Ghodajkar which would serve
their purpose. Presently there is nothing on record to indicate that
accused Mr. Ghodajkar on his release would threaten witnesses or
interfere in the investigation of the instant crime. Further there is no
material to show that on release of accused Mr. Ghodajkar life and
security of witnesses would be at risk, therefore, this Court is inclined to
grant regular bail to him on following terms and conditions:ORDER
1.

ACB Bail Application No.170 of 2024 is allowed.

2.

Applicant/accused Sanjay Munjajirao Ghodajkar be released on
his executing PR bond of Rs.50,000/- (Rupees Fifty Thousand
..4… B.A. No.170/2024 in ACB R.A. No.231/2024
only) with one solvent surety in like sum with directions
that:i)
He shall not tamper with prosecution evidence.

ii) He shall not threaten prosecution witnesses.
iii) He shall not try to contact witnesses in any manner
whatsoever.
iv) He shall provide residential proof and mobile numbers of his
two near relatives.
v) He shall not leave Mumbai City without permission of
Investigating Officer until charge-sheet is filed.
vi) He shall mark his presence weekly to ACB Office
preferably on Monday between 11.00 a.m. to 2.00 p.m. until
charge-sheet is filed.
vii) Accused be released on provisional cash bail of Rs.50,000/(Rupees Fifty Thousand Only) in lieu of solvent surety for a
period of eight weeks from the date of this order.
3.

ACB Bail Application No.170 of 2024 stands disposed of
accordingly.

Date:-26/02/2024
Dictated on
Transcribed on
Signed on
Sent to Dept. on
(N. P. MEHTA)
Special Judge, under P.C. Act
City Sessions Court for Greater Bombay
at Mumbai.

: 26/02/2024
: 26/02/2024
: 26/02/2024
:
..5.. B.A. No.170/2024 in ACB R.A. No.231/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
29/02/2024 at 5:30 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.

H.H.J. Shri. N P. Mehta
(Court Room No.46)
)
Date
of
Pronouncement
Judgment/Order
of 26/02/2024
Judgment/Order signed by P.O. on
29/02/2024
Judgment/Order uploaded on
29/02/2024