Mumbai, May 2, 2018 (CBI Special Court): The Special Judge for CBI cases in Gr. Bombay, Shri M. G. Deshpande, has granted bail to Pradeep Basant Lal Vishwakarma, Accused No. 4, in a bribery case involving officials of the Deputy Chief Labour Commissioner (Central) and M/s. Som Projects Pvt. Ltd. The order, passed on May 2, 2018, addressed Bail Application No. 306 of 2018.

Vishwakarma, a 28-year-old employee of Som Projects Ltd., was implicated in a case where CBI, ACB, Mumbai, laid a trap based on information that Aashish Aggarwal would deliver an illegal gratification of ₹1,20,000 to Labour Commissioner officials Shyamalendu Kumar Das (Accused No. 1) and Mrs. Jagruti Gupta (Co-accused) in exchange for the issuance of a Labour Contract License to Som Projects Pvt. Ltd.

Details of the Alleged Bribery:

According to the CBI’s case, on April 20, 2018, Das and Gupta allegedly accepted bribe amounts of ₹70,000, ₹20,000, and ₹30,000 respectively in their office at Shram Raksha Bhawan, Sion (East), Mumbai. Subsequently, it is alleged that Accused No. 3 Aashish Aggarwal and the applicant, Pradeep Vishwakarma, collected the labour license and certificate from the Deputy Chief Labour Commissioner’s office. The bribe money was reportedly recovered from the possession of Das and Gupta.

Searches were conducted at the residential and office premises of the public servants, and incriminating documents were seized.

Applicant’s Grounds for Bail:

Advocate Mrs. Reshma Mutha, representing Vishwakarma, argued that her client was falsely implicated and, being an employee of Som Projects Ltd., was not directly concerned with the company’s dealings. She emphasized that Vishwakarma is not a public servant, thus the provisions of the Prevention of Corruption Act might not be directly applicable to him. The defense also pointed out that nothing incriminating was found at Vishwakarma’s behest during the search at the Som Projects Ltd. office and asserted that he had a good case for acquittal. Furthermore, Vishwakarma expressed his willingness to cooperate with the investigating agency and abide by all imposed conditions.

CBI’s Strong Opposition:

The CBI, represented by Ld. SPP Shri Sandeep Singh, vehemently opposed the bail application. The prosecution highlighted the successful trap where the bribe money was accepted by the public servants, followed by Aggarwal and Vishwakarma collecting the license. The CBI argued that the investigation was at an initial stage, and incriminating documents recovered from the public servants’ residences indicated their involvement in corrupt practices with various contractors.

The CBI contended that sufficient documentary and circumstantial evidence pointed to Vishwakarma’s involvement. They also raised concerns about him being a non-permanent resident of Mumbai, posing a flight risk, and the possibility of him influencing witnesses and tampering with evidence, given his alleged influence and the crucial stage of the investigation. The CBI also mentioned the interception and analysis of recorded calls, suggesting the potential involvement of subordinate officials. Finally, the prosecution argued for a strong message against corruption due to the seriousness of the offence and assured that the investigation would be completed within the prescribed timeframe.

Court’s Reasoning for Granting Bail:

Special Judge M. G. Deshpande carefully considered the arguments from both sides. The court acknowledged the successful trap and the recovery of the alleged bribe money. However, it also noted that the Remand Application indicated that all necessary documents had been seized from the main accused (Das and Gupta) on the first day of remand (April 21, 2018), and only scrutiny remained. The recorded mobile conversations were also already in the possession of the investigating officer. The court found that these factors did not necessarily warrant keeping Vishwakarma behind bars.

Addressing the CBI’s concern about Vishwakarma not being a Mumbai resident and the potential flight risk, the court, acknowledging that he is a private employee of Som Projects Ltd., stated that imposing certain conditions could secure his presence. The court also observed that the CBI’s own submissions suggested that the investigation was almost complete. There was no certainty about the commencement of the trial in the near future, and no prior criminal record of Vishwakarma was presented.

The court prima facie noted that Vishwakarma’s alleged role pertained to offences under Section 12 of the Prevention of Corruption Act and Section 120-B of the Indian Penal Code, which carry similar potential punishments as the main offence under Section 7 of the PC Act (up to seven years). Regarding the CBI’s apprehension of witness influence, the court stated that imposing specific conditions could mitigate this risk.

Based on these considerations, the court answered Point No. 1 in the affirmative, concluding that Vishwakarma deserved to be released on bail.

The Bail Order:

The Special Judge passed the following order:

1. Bail Application No. 306 of 2018 is allowed.
2. Applicant Accused No. 4 Pradeep Vishwakarma shall be released on bail upon furnishing a P.R. Bond of ₹30,000/- and a Surety Bond of a like amount (either a Solvency Certificate or two sureties of ₹15,000/- each).
3. Upon the request of the applicant’s advocate, Vishwakarma is permitted to deposit ₹30,000/- as cash security along with the P.R. Bond for three weeks to allow him time to furnish the sureties.
4. Vishwakarma shall furnish the CBI and the Court with the correct details of his temporary and permanent residential addresses, office address with landline and mobile phone numbers, and email IDs, and shall undertake to inform the CBI and the Court of any future changes.
5. Vishwakarma shall also furnish the name and all particulars (address, mobile and landline numbers, email IDs) of an authorized person whom the CBI and the Court can contact in case of his absence.
6. Vishwakarma shall undertake to attend the Investigating Officer/CBI, ACB, Mumbai, once a week on every Friday between 8:00 a.m. and 8:00 p.m. until further order. The CBI shall maintain a record of his attendance and immediately report any non-compliance to the Court.
7. Vishwakarma shall deposit his passport with the CBI.
8. Vishwakarma shall not leave India without the permission of the Court and shall scrupulously attend each and every date of the Court hearing.
9. Breach of any of the above conditions will be a ground to cancel the bail.

The order, signed by Special Judge (C.B.I.) M. G. Deshpande on May 2, 2018, provides conditional release to Pradeep Vishwakarma, emphasizing his cooperation with the investigation and adherence to the judicial process. The case will now proceed towards further investigation and potential trial.