Mumbai, April 12, 2022 (Special Judge, Prevention of Corruption Act): The Special Judge under the Prevention of Corruption Act, 1988, for Greater Bombay, Shri S. P. Naik-Nimbalkar (C.R. No. 46), has granted bail to two accused, Dr. Sandeep Ravindra Gaikwad and Sachin Mahadev Kokitkar, in a bribery case registered by the Anti-Corruption Bureau (ACB), Mumbai, under C.R. No. 24/2022.

The order, pronounced on April 12, 2022, addressed ACB Bail Application No. 237 of 2022, filed by Dr. Gaikwad (Original Accused No. 1) and Mr. Kokitkar (Original Accused No. 2). Dr. Gaikwad had been in judicial custody since April 11, 2022, while Mr. Kokitkar’s judicial custody commenced on April 8, 2022.

Prosecution’s Allegations:

The prosecution’s case alleges that Mr. Kokitkar demanded a bribe of ₹3,000 on April 6, 2022, in the presence of Dr. Gaikwad. Subsequently, during a trap operation, Mr. Kokitkar allegedly accepted the bribe amount, purportedly for himself and Dr. Gaikwad. The bribe was allegedly related to the pending work of converting a hotel license, transforming a furnace from diesel to LPG, and a change in pin code. The initial complaint was filed on January 10, 2022, and the demand was reportedly confirmed and verified from Mr. Kokitkar on April 6, 2022, leading to the registration of the FIR.

Arguments for Bail:

The applicants sought bail on the grounds of false implication, arguing that further custodial interrogation was unnecessary. They cited their unblemished service records, the completion of all panchanamas, and their status as permanent residents of Mumbai. They claimed a lack of prima facie evidence against them, alleging fabricated allegations and an attempt to malign their reputation. They expressed their willingness to abide by any conditions imposed by the court.

ACB’s Opposition:

The State/ACB opposed the bail application, citing the primary stage of the investigation and concerns that the accused might destroy evidence, pressurize witnesses, and become unavailable if released. The prosecution stated that witness statements were yet to be recorded and that the accused had not provided a satisfactory explanation regarding the recovered amount.

Court’s Observations and Decision:

Special Judge S. P. Naik-Nimbalkar, after hearing both sides and perusing the case records, found that the applicants were entitled to be released on bail. While acknowledging the prima facie complicity of the accused based on the prosecution’s case, noting that they were allegedly caught red-handed accepting the bribe and the amount was recovered, the court focused on the necessity of continued physical custody.

The court observed that sufficient opportunity for custodial interrogation had already been granted to the ACB, as the accused were in police custody from April 7 to April 11, 2022. Their voice samples had been taken, and panchanamas were completed. The court found no compelling reasons from the Investigating Officer’s statement to suggest further investigation required the applicants’ detention. The recovered amount was also relatively small (₹3,000).

Addressing the prosecution’s apprehension about evidence tampering, the court noted the absence of any previous criminal record or antecedents against the applicants. As they were residents of Mumbai and Thane, the court believed that imposing certain terms and conditions could address the prosecution’s concerns.

Emphasizing the principle that bail is the rule and jail is an exception, the court considered the facts of the case, the applicants’ role in the pending investigation, and their lack of criminal history. Finding no exceptional circumstances warranting the rejection of their bail plea, the court granted their application.

Bail Conditions:

The court ordered the release of Dr. Sandeep Ravindra Gaikwad and Sachin Mahadeo Kokitkar upon each of them executing a Personal Bond (PB) and a Surety Bond (SB) of ₹25,000 with one or more sureties of a like amount. The following additional conditions were imposed:

• The applicants shall furnish their mobile/landline numbers, the mobile/landline numbers of two close relatives/friends and family members residing preferably in Mumbai, along with their residential proofs to the concerned police station and shall not change these contact details until the conclusion of the trial.
• They shall produce proof of their identity and residence at the time of executing the bail bond.
• They shall not contact the informant and prosecution witnesses in any manner and will not tamper with the prosecution evidence.
• They shall cooperate with the police during the investigation and attend the concerned police station every Thursday and Sunday between 10:00 a.m. to 12:00 noon until the charge sheet is filed.
• They shall not leave India without prior permission of the Court.
• They shall not commit any offense while on bail.
• A provisional cash bail of ₹25,000 for each accused (total ₹50,000) was accepted in lieu of surety bonds for a period of four weeks, within which the surety must be complied with.

The Ld. Advocate for the applicants was directed to inform his clients of these conditions for strict compliance. The court warned that any breach or default of these conditions would be viewed seriously and could lead to the cancellation of their bail.

The ACB Bail Application No. 237/2022 was accordingly disposed of.