Jagannath Damu Lavhare v. The State Of Maharashtra

PNP 1/2 BA2171-23.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2171 OF 2013 Jagannath Damu Lavhare ..Applicant.

versus The State of Maharashtra ..Respondent.

.....

Mr. N.R. Bubna for the Applicant.

Mr. S.S. Pednekar, Addl. P.P. for the Respondent - State. .....

CORAM : M.L. TAHALIYANI, J.

23 December 2013.

P.C. :

Heard learned counsel Mr. Bubna appearing on behalf of the Applicant. The Applicant is arrested for the offences punishable under Sections 7, 13(2) read with 13(1)(D) of the Prevention of Corruption Act. The date of arrest is 20 November 2013. More than one month has passed, the Applicant is still in custody. It appears that the Bail Application of the Applicant has been rejected by the Learned Special Judge on two occasions mainly on the ground that the Investigating Officer is investigating into the assets of the Applicant. 2.

As far as the present offence is concerned, the investigation is completed. As regards the assets of the Applicant, which could be according to prosecution, disproportionate to the known source of his income, the same can be investigated without the Applicant being in custody. Hence, I pass the following order : i) The Applicant be released on bail in FIR II 3062 of 2013 of Police Station Chavani, District Nashik in the sum of Rs.25,000/- with one solvent surety in the like amount or cash deposit of Rs.35,000/- in lieu of surety.

PNP 2/2 BA2171-23.12 ii) The Applicant shall attend the office of the Investigating Officer as and when required by the Investigating Officer. The Application stands disposed of.

(M. L. Tahaliyani, J.)