CNR
MHNS010024452022
Order below Exh.1 in Cri. Bail Application No.642 /2022
( Smt. Pranita Deepak Pawar Vs. State )
This is an application, for bail u/s. 439 of the Cr.P.C. in
C.R. 128 of 2022 registered with Bhadrakali Police Station, Nashik u/s.
7 of The Prevention of Corruption Act( for short,“ the Act ”).
2.
submits
The learned counsel Mr.K.N.Nimbalkar for the applicant
that, applicant is
innocent person and
has been falsely
implicated. Applicant is in service and only earning member of her
family. She is ready to abide by any of the terms and conditions to be
imposed by this Court. She has got
fixed and permanent place of
residence and undertakes to cooperate investigation. She has been
arrested on 19.05.2022
and now she is in judicial custody till
02.06.2022.
3.
Learned A.P.P. Smt.S.S.Sangle, by filing pursis (Exh.4)
adopted say (Exh.3) filed by Investigation officer (I.O.) and strongly
objected this application. I.O. present alongwith police papers.
4.
Ld. A.P.P. has opposed this application on the grounds that,
investigation is incomplete, she may abscond,hamper or tamper
prosecution witnesses and evidence. Statements of witnesses are to be
recorded, information is to be collected in respect of charge sheet in in
Cr. No. 37 of 2022 of Bhadrakali Police Station and copies of documents
are to be collected.
5.
It is the case of prosecution that, there was demand of Rs.
20,000/ from informant who is accused in C.R. 37 of 2022 for the
offence u/s. 376 of I.P.C. and the said offence was investigated by
applicant. Accused 2 Tushar Bairagi Police Naik accepted bribe of Rs.
..2..
20,000/ upon instructions of applicant Smt. Pranita Pawar, A.P.I. and
accepted illegal gratification for their benefit. Learned A.P.P. strongly
objected this application on the grounds that, statements of witnesses
are yet to be recorded.
She may
hamper or tamper prosecution
witnesses or evidence, as she is a police officer. However, they cannot
be considered as satisfactory grounds to deny the bail. Applicant is in
judicial custody. No purpose would be served by keeping her behind the
bar. Certain conditions may suffice the purpose. Consequently, applicant
deserves bail. Hence, the following order.
ORDER
1.
This application stands allowed.
2.
Applicant Smt. Pranita Deepak Pawar, shall be released on
bail on executing personal bond of Rs.25,000/ with one or two
sureties in the like amount.
3.
Applicant shall not leave India without prior permission of
the Court.
4.
Applicant shall not hamper or tamper with the prosecution
witnesses or evidence.
5.
She shall attend the police station for one week between
11.00 a.m. to 1.00 p.m. or, as and when called by I.O. under
written intimation or till filing of the chargesheet whichever is
earlier.
Date: 21.05.2022.
( S. T. Tripathi )
Additional Sessions Judge7,
Nashik.