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2013 DIGILAW 797 (BOM)

Manoj Krishna s/o Banarsi Singh v. Union of India

2013-04-05

S.C.DHARMADHIKARI

body2013
Judgment :- The Applicant is a public servant and is facing prosecution under the Prevention of Corruption Act, 1988 for having sought illegal gratification during discharge of his official duty and for release of the consignment which was detained at the Customs, Jawaharlal Nehru Port Trust, Mumbai. 2. After having heard Mr.Gupte, learned Senior Counsel appearing for the Applicant and Mr.Venegavkar, learned Counsel appearing for the Respondent/CBI and perusing with their assistance this Bail Application and the reply thereto and finding that the co-accused has been enlarged on bail, that I am inclined to release the present Applicant on bail. Additionally because his detention in custody is no longer required. The relevant documents in his custody have been seized. There is no apprehension that the Applicant will not be available to face the trial. The Applicant has been placed under suspension. The Applicant has assured that he will attend the office of the Investigating Agency as and when summoned and equally he will give his voice samples. 3. Hence the following order:- (a) The Applicant (Manoj Krishna s/o Banarsi Singh) arrested in connection with RC BA1/2013/A008 by the CBI, ACB, Mumbai shall be enlarged on bail in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one or two local sureties in the like amount. (b) The bail is granted subject to the condition that the Applicant will report to the Investigating Agency as and when summoned by it. (c) The Applicant shall deposit the Passport, if any, with the Investigating Agency. The Applicant shall not leave India without prior permission of the Trial Court. (d) The order of bail will be given effect only after the Applicant furnishes to the Investigating Agency the details about his place of residence where he proposes to stay after he is enlarged on bail. The Applicant shall not change his residential address thereafter till the conclusion of the trial without prior intimation to the Investigating Agency. (e) The bail is granted subject to condition that the Applicant shall not directly or indirectly make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (f) The Applicant shall cooperate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the Applicant to delay the trial may be a ground for cancellation of bail. (f) The Applicant shall cooperate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the Applicant to delay the trial may be a ground for cancellation of bail. (g) Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (h) The Application is disposed of in the above terms. (i) The parties to act on an authenticated copy of this order.