Mumbai, April 22, 2019 (Special Judge, Prevention of Corruption Act): The Special Judge constituted under the Prevention of Corruption Act for Greater Mumbai has granted bail to Shri Nitin Sadanand Kadam, a 41-year-old service professional, who was arrested in connection with R.C.NO. ACB/16/2019, a bribery case.

The order, dated April 22, 2019, was passed by His Honour Judge Shri S.J. Biyani (Special Judge, C.R.No.46) in Bail Application No. 323 of 2019, arising from Remand Application No. 397 of 2019.

Applicant’s Plea for Bail:

Learned Advocate Mr. Yogiraj B. Purwant, representing the applicant, submitted that Kadam was falsely implicated in the case and had not demanded any bribe from the original allottee, Jalindar Mokashi. The defense further claimed that the complainant had thrust the bribe amount into Kadam’s pocket. Highlighting that the major part of the investigation was complete, the applicant expressed readiness to abide by any conditions imposed by the Court.

ACB’s Objection:

The Respondent/ACB, represented by Learned APP Mr. S.D. Gonsalvis, opposed the bail application. The prosecution argued that during the house search of the accused, several documents were found for which Kadam could not provide satisfactory explanations, and further inquiry regarding these documents was still pending. The ACB also raised concerns about the possibility of the accused tampering with or pressurizing prosecution witnesses if released on bail.

Court’s Reasoning and Order:

His Honour Judge Shri S.J. Biyani, after hearing both sides and considering the objections raised by the Respondent/ACB, opined that the purpose of the investigating officer could be sufficiently served by imposing certain conditions on the applicant’s bail. The court found that keeping the accused behind bars was not necessary to achieve the objectives of the investigation at this stage.

Therefore, the Court passed the following order:

1. Bail Application No. 323/2019 is allowed.
2. Accused Nitin Sadanand Kadam is released on bail on furnishing a P.R. Bond of ₹15,000/- (Rupees Fifteen Thousand only) with a solvent surety of a like amount, subject to the following conditions:
   • The accused shall not tamper with or pressurize prosecution witnesses in any way.
   • The accused shall remain present before the investigation officer every Sunday between 2:00 p.m. to 5:00 p.m. for a period of one month from the date of this order to assist the investigation.
   • The accused shall remain present thereafter before the investigation officer as and when directed for investigation purposes.
3. B.A.No. 323/19 is disposed off accordingly.

The order reflects the court’s balancing act between the need for investigation in a corruption case and the individual’s right to liberty. By imposing specific conditions, particularly regular appearances before the investigating officer, the court aimed to facilitate the ongoing inquiry while granting bail to the accused.