MHNS010046152022 Order below Exh. 1 in Cri. Bail Application No. 1069/2022
( Chandrakant Shankar Chavanke Vs. State )
Perused application and say. Heard both the learned counsels.
2.By this application under section 439 of Cr.P.C., the sole accused of Crime No. RC0262022A0013 registered with CBI, ACB, Mumbai for the offence punishable under section 7 of the Prevention of Corruption Act, 1988 (Amended 2018), seeks bail. It is objected over nature of offence and on going investigation.
3.The learned counsel for the applicant has submitted that, in fact, investigation is over warranting no
custodial interrogation.
4.The learned APP has submitted that investigation is in progress and statements of witnesses are yet to be recorded.
5. On going through the record, it is conspicuous that the accused, public servant, apprehended raid handed, while accepting bribe of Rs.8000/- on 26.08.2022. He was remanded to CBI custody till 30.08.2022. Thereafter, he is remanded to Judicial custody. Between the period maximum investigation has been concluded.
6.The accused is prosecuted under section 7 of the Act for demanding and accepting bribe. The prosecution has seized amount of Rs.8000/- on the spot. Having regard to the nature of offence, maximum investigation is completed. Since the prosecution has submitted that statements of some witnesses are yet to be recorded, to that extent some conditions can be levelled.
7.In view of above, applicant deserves conditional bail. Hence, the order.
ORDER
1)Application stands allowed as under :Applicant Chandrakant Shankar Chavanke be released
on furnishing PR of Rs.15,000/- with one solvent surety of like amount on the following conditions :-
2) Accused shall not leave India sans permission of this Court. He shall deposit passport, if availed with I.O.
3) He shall not tamper the prosecution witnesses. He shall attend the office of CBI if required and summoned by CBI.
Digitally signed by VIKAS SHIVRUPRAO VIKAS SHIVRUPRAO KULKARNI Date: KULKARNI 2022.09.02 16:38:21 +0530 September 2, 2022 ( Vikas S. Kulkarni ) Special Judge (CBI) Nashik.