Mumbai, August 7, 2019 – Mahadev Appa Shinde, an employee of the Mumbai Municipal Corporation (MMC), has been granted bail by the Special Court under the Prevention of Corruption Act for Greater Mumbai. The order, passed by Special Judge Ashutosh N. Karmarkar (Court Room No. 54) on August 6, 2019, allows Shinde’s release on a personal bond of Rs. 15,000 and a surety of the same amount.
Shinde was arrested on August 3, 2019, in connection with C.R. No. 26 of 2019 registered by the Anti-Corruption Bureau (ACB) Mumbai. He was booked under Sections 7 and 12 of the Prevention of Corruption Act. After being in police custody until August 5, 2019, he was remanded to judicial custody.
Accused Claims Innocence, Prosecution Cites Ongoing Investigation:
In his bail application, Shinde claimed innocence and false implication in the case. He stated that he is a permanent resident of Mumbai, employed by the MMC, and the sole earning member of his family. He further argued that no recoveries were to be made from him and that he had no prior criminal record.
The prosecution, represented by Ld. APP Mr. Siroya, opposed the bail application. Their primary objections were that the investigation was at a preliminary stage and that another accused in the case was yet to be arrested. The prosecution also raised concerns that Shinde might pressurize the witnesses if released on bail.
Court Grants Bail Citing MMC Employment and Completion of Substantial Investigation:
After hearing both sides, Special Judge Karmarkar noted that Shinde is a serving employee of the Mumbai Municipal Corporation and a resident of Mumbai, indicating a low risk of absconding. The court also acknowledged that the voice sample of the applicant was yet to be taken.
However, the court observed that a substantial part of the investigation appeared to be over, making further detention of Shinde unwarranted at this stage. The court also considered the alleged role of Shinde, which was described as abetting the main accused in committing an offense under Section 7 of the Prevention of Corruption Act, an offense carrying a maximum imprisonment of seven years.
Addressing the prosecution’s concerns about potential witness intimidation and the ongoing investigation, the court deemed that these could be mitigated by imposing certain conditions on the bail.
Bail Conditions Imposed:
In granting bail, the court imposed the following conditions on Mahadev Appa Shinde:
- He shall execute a Personal Recognizance (PR) Bond of Rs. 15,000/- and provide a surety bond of the same amount with one or more sureties.
- He shall not tamper with the evidence or influence the prosecution witnesses.
- He shall attend the office of the Investigating Officer (I.O.) on alternate Sundays, starting from August 18, 2019, between 12:00 noon and 1:00 p.m., for a period of two months or until the filing of the chargesheet, whichever is earlier.
The court accordingly allowed Bail Application No. 689 of 2019 and disposed of R. A. 864 of 2019. This order provides temporary relief to the MMC employee while the investigation into the alleged corruption continues.