Mumbai, Maharashtra – October 25, 2018 – A Special Court under the Prevention of Corruption Act in Greater Bombay has granted conditional bail to Sudhir Mansaram Bhalerao, a 46-year-old Assistant Accounts Officer. Bhalerao was arrested in connection with Crime No. 30 of 2018 of the Anti-Corruption Bureau (ACB). Special Judge Shri S.V. Yarlagadda passed the order on October 24, 2018, allowing Bhalerao’s bail application (No. 756 of 2018).
Allegations of Bribe Demand for Leave Encashment
The case involves a retired senior clerk, Omprakash, from M.D. College, under the Deputy Director of Higher Education, Mumbai. Omprakash was seeking his leave encashment amount, which required approval from the applicant’s office. Ajay Rane, a Registrar at M.D. College (co-accused), allegedly informed Omprakash that Bhalerao would expedite the process if paid a bribe. After negotiations, the demanded bribe was allegedly settled at ₹12,000. The ACB laid a trap on October 15, 2018, catching Ajay Rane accepting ₹15,000 from Omprakash. After Rane informed Bhalerao of the acceptance via phone, Bhalerao allegedly approved the deal. Both Bhalerao and Rane were arrested that night.
Arguments for Bail: Public Servant, Permanent Address, and Completed Trap
Mr. Vijay K. Shelar, the learned advocate for Bhalerao, argued that his client is a public servant with a permanent address and is the sole earning member of his family. A search of his residence yielded no incriminating material. The defense asserted that Bhalerao would not interfere with witnesses or the course of justice, and the alleged bribe money had already been recovered. Given that Bhalerao was in judicial custody and most of the investigation was complete, there was no need for further detention. Bhalerao expressed willingness to abide by any conditions imposed by the court and cited his diabetic condition as a factor for consideration.
Prosecution’s Objections: Seriousness of Offence and Potential Interference
The learned Additional Public Prosecutor (APP) opposed the bail, citing the seriousness of corruption offenses. The prosecution argued that Bhalerao might tamper with evidence or threaten witnesses. The Investigating Officer (IO) stated that the investigation was at a preliminary stage and that Bhalerao was unlikely to cooperate if released. The prosecution also noted that statements from some witnesses were still pending.
Court’s Reasoning: Prima Facie Evidence but Completed Aspects of Investigation
Special Judge Yarlagadda acknowledged the prima facie evidence indicating Bhalerao’s involvement in an offense punishable under Section 7 of the Prevention of Corruption Act, 1988, recognizing the seriousness of bribe demands. The court noted that statements from some witnesses were still outstanding, making them vulnerable to influence from a public servant accused if released on bail. To address this, the court deemed it necessary to impose conditions, including a cash surety.
However, the court also highlighted that the trap proceeding was completed, and the bribe amount was recovered, indicating that the collection of material evidence was largely concluded. The court proposed directing Bhalerao to attend the ACB office twice a week for six weeks, in addition to any further summons for investigation. Finding no other reasonable grounds to oppose bail, the court decided to grant conditional bail.
Final Order and Conditions of Bail
The court passed the following final order:
- Bhalerao’s bail application is allowed.
- Bhalerao shall be released on the following terms and conditions:
- Bhalerao shall execute a PR Bond of ₹50,000 with one or two solvent sureties or a cash surety of ₹25,000.
- Bhalerao shall not repeat such offenses and shall not directly or indirectly induce, threaten, or promise the informant or any person acquainted with the facts of the case to dissuade them from disclosing such facts to the police or the Court. He shall deposit an additional cash surety of ₹25,000, which shall be liable to forfeiture in case of breach of this condition, in addition to other liabilities including cancellation of bail.
- Bhalerao shall attend the ACB office from 11:00 a.m. to 12:00 p.m. every Wednesday and Friday for six weeks from the date of his release.
- Bhalerao shall make himself available for interrogation by the IO as and when required.
- Bhalerao shall not leave India without prior permission of the Court.
The bail application was disposed of accordingly. This order reflects a balance between acknowledging the seriousness of corruption offenses and considering the progress of the investigation, the recovery of evidence, and the need to ensure the accused’s cooperation while protecting witnesses.