1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI.APPLN.NO. 2568 OF 2009 APPLICANT : RAJESHWAR NARAYAN SAMRAPAWAR AGED ABOUT 45 YRS., OCC.;RETIRED, R/O. SHUKRAWARI PETH, WASHIM, DISTT. WASHIM. // VERSUS // NON-APPLICANT : THE STATE OF MAHARASHTRA THR. DY.S.P. ANTI CORRUPTION BUREAU AKOLA. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- Mr S.V.Sirpurkar, Advocate for Applicant. Mrs S.S.Wandile, APP for Respondent. CORAM : A. P BHANGALE, J. DATED : AUGUST 11, 2009. 1. Heard learned counsel for the parties. 2. By this application the applicant, who has been prosecuted for the offence punishable under Section 7 of the Prevention of Corruption Act, has prayed for anticipatory bail in Crime No.3025 of 2009, reported at Police Station, Malegaon. It is the case of the prosecution that while the complainant Suresh Belokar was serving as Police Constable at Police Station, Jaulka, Tq. Malegaon a 2 criminal complaint was filed against him by Rajkumar Agrawal before learned Judicial Magistrate at Malegaon. The learned Magistrate directed to submit report under Section 156(3) of the Cr.P.C. against complainant Suresh Belokar for the offences punishable under Sections 465, 468, 471, 485, 498, 420 read with Section 34 of the I.P.C. And under Sections 32, 33 and 34 of the Bombay Money Lending Act, as per the complaint. Investigation of the said crime was assigned to the present applicant/ accused. The complainant Suresh made allegations against the applicant that he had demanded gratification of Rs.4,50,000/- for exonerating the accusation made against him. Trap was planned but could not be effected. 3. The learned Advocate for the applicant contended that the accusation under Section 7 of the Prevention of Corruption Act cannot be levelled against the applicant on the basis of complaint by Suresh Belokar since it is mischievous and only with a view to spite vengeance against the applicant, who did not heed to the pressure. 4. Be that as it may, in view of the accusation and the material collected during the investigation, regular court cannot be by-passed. In such cases, the applicant must formally surrender himself and apply for bail on merit. To enable the applicant to do so and approach the Special Court concerned, interim 3 anticipatory bail, which was granted on 9th July, 2009, is extended till 24th August, 2009. The applicant shall, on or before 24th August, 2009 approach to the Special Court concerned and apply for bail on merit by formally surrendering himself. 5. The Special Court may hear the Investigating Officer/ learned Public Prosecutor concerned and the applicant before deciding the bail application in accordance with law on merit. 6. The anticipatory bail extended up to 24th August, 2009 will automatically expire on 24th August, 2009. Hamdast granted. JUDGE RR.