MHNS010057392022
Order below Exh.1 in Criminal Bail
Application No. 1368/2022
1.
This is an application preferred by accused Purushottam
Datatray Parandkar for bail under section 439 of Cr.P.C. in C.R. No.
I176/2022 registered in Indira Nagar Police Station, Nashik for the
offence punishable under section 7 and 7(a) of the Prevention of
Corruption Act.
2.
It is submitted by the accused that he is innocent. He is
resident of Nashik. He has not committed any offence and has been
falsely involved.
There is no question of absconding as he is a
government servant.
He is not a habitual offender.
He has not
accepted any bribe. Recovery is already made of documents. He is
ready to abide by the terms and conditions. Hence, prayed that
application be granted.
3.
Say was called of the investigating officer. She has
objected this application on the count that involvement of other
public servant is yet to be inquired.
They came to know about
persons Soniya working at Divisional Office about whom inquiry has
to be made. They have to inquire from how many citizen bribe has
been demanded. Hence, prayed that application be rejected.
4.
Heard Ld. APP and Ld. Advocate for accused in detail. It
is submitted by the Advocate for the accused that the investigating
officer has implanted the name of Soniya in the say, however, no
such contentions were made in remand application just to deny bail
to the accused.
negotiation.
posted.
Accused has not made any demand nor any
Already his judgment was ready which was to be
Accused is government servant.
His presence can be
secured. Hence, prayed that bail be granted. On the other hand Ld.
APP has objected this application on the count that there is racket
which has to be investigated and prayed that bail be rejected as
investigation with respect to Soniya has to be made.
5.
It is contended by the I.O. about the investigation with
respect to Soniya who is working in the office. It is pertinent to state
that investigating officer has sought MCR of the accused. If at all any
link to that behalf was obtained at the first instance it could have
been reflected in remand report, however, no such contentions were
raised which reflects that investigation with respect to the present
accused has been completed. Documentary evidence is already
collected. Offence is punishable with 7 years. Accused is resident of
Nashik, hence, the question of fleeing away will not arise. Trial will
take time. Apprehension of the I.O. can be taken care by imposing
stringent conditions. Hence, I proceed to pass following order :
ORDER
1.
The application is allowed.
2.
The accused Purushottam Datatray Parandkar
involved in
C.R.No. I176/2022 registered in Indira Nagar Police Station, Nashik
for the offence punishable under section 7 and 7(a) of the Prevention
of Corruption Act, be released on bail on his executing P.B. and S.B.
of Rs.25,000/ (Rupees Twenty Five Thousand Only) with one or two
sureties of like amount.
3.
The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the fact
of the case so as to dissuade him from disclosing such fact to the
Court or Police Officer.
4.
The accused shall mark his presence in the Office of Anti
Corruption Bureau on every Monday and Friday from 11.00 a.m. to
1.00 p.m. till filing of the chargesheet and to cooperate
investigating Officer.
5.
The accused shall not commit similar type of offence.
6.
The accused shall furnish his address proof, photo identity and
mobile number of self and his two close relatives. In case of change
of address she shall inform the I.O. about the same.
7.
In case of breach of the conditions, the respondent is at liberty
to apply for cancellation of bail.
Sd/xxx
Nashik.
Date : 08/11/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.