MHNS010054202020
Amsiddha Tippanna Pandhare … Applicant.
V/s.
State of Maharashtra through P.I. … Respondent Panchvati Police Station
Order below Exh. 1 in Cri. Bail Application No.1837/2020
1.This is an application u/sec. 439 of Code of Criminal Procedure for grant of regular bail in Crime No. 676/2020 registered at Panchvati Police Station for commission of offence punishable U/Sec. 7, 13(i)(d), 13(2) of Prevention of Corruption Act.
2.The prosecution case in nut shell is as under :
Applicant/accused is serving as Assistant Director, Regional Forensic Laboratory, Nashik. It is alleged that applicant made demand of Rs. 50,000/ to the informant for accepting two samples of viscera produced after period of six months for chemical analysis. Based upon the complaint given by informant trap was arranged wherein the applicant was apprehended accepting amount of Rs. 10,000/ towards gratification. It is alleged that applicant being a public servant accepted illegal gratification by misusing his authority.
3.It is the contention of applicant that he is innocent and not committed any offence. Applicant is having unblemished service of 16 years. He has not demanded or accepted the amount. The investigation is practically completed and there is no need of his further detention. He was in PCR for three days and nothing has remained to be further investigated. He is permanent resident at Nashik. He is ready to abide by the terms and conditions for his release on bail.
4.Prosecution opposed the application on the ground that, the information about sanctioning authority of the applicant is yet to be obtained. They have to prepare spot panchnama and record statement of the witnesses. Applicant may tamper with the prosecution evidence if released on bail.
5.Heard Advocate Shri. A.J. Bhide for applicant, A.P.P. Smt. Gore for State.
6.The Advocate for applicant submits that after the alleged trap the investigation is virtually completed. The grounds put forth by prosecution are not sufficient to deny bail to him. Applicant is ready to abide by the conditions imposed for his release on bail. Learned APP submits that the grounds mentioned in the report are sufficient to reject the bail.
7.Having considered the submissions of both sides admittedly the applicant is apprehended during a trap arranged by ACB officials. Applicant is apprehended since 29.12.2020 and the substantial investigation is completed. The ground to get information about sanctioning authority or to prepare spot panchnama are not sufficient to deny bail to the applicant. The apprehension of prosecution that applicant shall tamper with prosecution evidence can be addressed by imposing certain conditions for release on bail. Applicant is permanent resident within jurisdiction of the Court. There appears no possibility of his absconding. Having regard to the nature of offence and the stage of investigation the applicant deserves to be released on bail on following conditions. In result I pass the following order :
O R D E R
(i) The application is allowed.
(ii) Applicant/accused is released on bail in C.R.No. 676/2020 registered at Panchvati Police Station for commission of offence punishable U/Sec. 7, 13(i)(d), 13(2) of Prevention of Corruption Act, on his executing P.B. and S.B. of Rs. 15,000/ (Rs. Fifteen thousand only.
(iii) The applicant/accused shall attend ACB office on every Tuesday between 11.00 a.m. to 1.00 p.m. for next three months.
(iv) He shall not tamper with prosecution witnesses.
(v) Applicant not to leave the State without prior permission of this Court.
(Dictated and pronounced in open court) Digitally signed by
Pradeep Pradeep Bhimrao Ghuge Bhimrao Ghuge Date: 2021.01.02 14:31:17 +0530 (P. B. Ghuge)
Place : Nashik. Additional Sessions Judge, Date : 01012021 Nashik.