Mumbai, Maharashtra – February 29, 2024 – A Special Court under the Prevention of Corruption Act, 1988, in Greater Bombay, has granted bail to Sanjay Munjajirao Ghodajkar, a 54-year-old Joint Sub-Registrar working in Mulund, Mumbai. Ghodajkar was arrested by the Anti-Corruption Bureau (ACB), Mumbai, in connection with C.R. No. 05 of 2024, for an offense punishable under Section 7 (public servant taking gratification other than legal remuneration in respect of an official act) of the Prevention of Corruption¹ Act, 1988, read with Section 201 (causing disappearance of evidence of offence, or giving false information to screen offender) of the Indian Penal² Code. Special Judge Mr. N.P. Mehta passed the order on February 26, 2024, allowing Ghodajkar’s bail application (No. 170 of 2024).

Prosecution Alleges Demand and Acceptance of Bribe for Official Work

The prosecution’s case states that the complainant approached Sanjay Ghodajkar to obtain original documents of a registered Sale Deed. At that time, the scanning work of the document was pending. Ghodajkar allegedly demanded a bribe of ₹24,000 from the complainant to get the document scanned and provide a copy of the original.

On the day of the planned trap, conversations occurred between the complainant and Ghodajkar regarding the pending work. Suspecting foul play, Ghodajkar allegedly asked the complainant and a panch witness, Shinde, to leave his office. The complainant later returned to Ghodajkar’s office, where the accused allegedly demanded the money, purportedly as a “flag donation.” The complainant then placed ₹24,000 on Ghodajkar’s table, which he allegedly took into his custody and kept in his table drawer. Following a pre-arranged signal from the complainant, Ghodajkar was arrested.

Accused in Judicial Custody, Investigation Ongoing

The court noted that Ghodajkar was in judicial custody and that the investigation concerning him was not yet complete. The Investigating Officer requested the rejection of his bail application during the hearing, also mentioning a similar pending case against Ghodajkar in Hingoli.

Court Addresses Previous Case and Concerns of Witness Tampering

The court observed that the previous case in Hingoli could not proceed against Ghodajkar due to the lack of sanction for prosecution under Section 19 of the Prevention of Corruption Act. The Investigating Officer expressed apprehension that Ghodajkar might threaten prosecution witnesses in the current case and could commit similar offenses if released on bail.

Court Grants Bail with Reporting Conditions, Notes Recovery Failure

Regarding Ghodajkar’s involvement, the court acknowledged that he was found accepting a bribe of ₹24,000 from the complainant. Notably, the court pointed out that the tainted money had not been recovered to date.

Considering the nature of the crime, the court found it appropriate to direct Ghodajkar to mark his presence before the Anti-Corruption Bureau to facilitate their ongoing inquiry. The court stated that there was currently no concrete evidence to suggest that Ghodajkar would threaten witnesses or interfere with the investigation if released. Furthermore, no material was presented to indicate a risk to the life and security of witnesses upon his release.

Therefore, the court was inclined to grant regular bail to Ghodajkar with specific terms and conditions.

Order and Conditions of Bail

The court passed the following order:

1. ACB Bail Application No. 170 of 2024 is allowed.
2. Applicant/accused Sanjay Munjajirao Ghodajkar shall be released on executing a Personal Recognizance (PR) bond of ₹50,000 (Rupees Fifty Thousand Only) with one solvent surety in a like sum, subject to the following directions: i. He shall not tamper with prosecution evidence. ii. He shall not threaten prosecution witnesses. iii. He shall not try to contact witnesses in any manner whatsoever. iv. He shall provide residential proof and mobile numbers of his two near relatives. v. He shall not leave Mumbai City without the permission of the Investigating Officer until the charge sheet is filed. vi. He shall mark his presence weekly at the ACB Office, preferably on Monday between 11:00 a.m. and 2:00 p.m., until the charge sheet is filed. vii. The accused shall be released on provisional cash bail of ₹50,000 (Rupees Fifty Thousand Only) in lieu of a solvent surety for a period of eight weeks from the date of this order.
3. ACB Bail Application No. 170 of 2024 stands disposed of accordingly.

This order grants significant relief to the accused while imposing conditions aimed at ensuring his cooperation with the ongoing investigation and preventing any potential obstruction of justice. The requirement for weekly reporting to the ACB and the restriction on leaving Mumbai City without permission are key conditions intended to monitor his movements and ensure his availability for further inquiry until the charge sheet is filed.