1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1815 OF 2010 (Jiwan Bhayyaji Kontamwar .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.S. Jaiswal, Advocate for the applicant. Shri M.J. Khan, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 26TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeking pre-arrest bail for the offence punishable under Sections 7, 12 13(2)(d) read with Section 13(2) of the Prevention of Corruption Act vide Crime No. 3171/2010 registered with Police Station, Chandrapur. Learned Counsel for the applicant submits that the sum and substance of the allegation against the applicant is that on instructions of the applicant, Chairman of APMC Ratnawar has accepted the bribe of Rs.2,50,000/-. Learned Counsel for the applicant further submits that there is no material to show that the applicant was present when the amount was accepted by Ratnawar. He further submits that it is only the allegation that prior to the incident in question, the applicant has accepted an amount of Rs.10,000/-. Learned Counsel for the applicant has placed on record the order, dated 29th October, 2010 passed by the learned Additional Sessions Judge, Chandrapur whereby the other accused Rakesh Ratnawar has been released on bail. He further submits that the nature of allegations against said Ratnawar are more serious than the applicant. He further submits that the interim protection was granted to the applicant by this Court vide order dated 2nd November, 2010. He further submits that the applicant was called upon by the investigating agency on 24th and 24th November, 2010 and accordingly the applicant has attended the Investigating Officer. Learned Counsel further submits that 2 the applicant is ready to cooperate with the investigating agency and will abide by the conditions imposed by this Court. Learned APP has strongly opposed the application. The reply is filed by the learned APP. It is stated in the reply that the applicant is the person who has instructed the other co-accused Ratnawar to accept the amount on behalf of him. It is stated in the reply that an amount of Rs.10,000/- is to be recovered at the instance of the applicant. Learned APP fairly submits that an amount of Rs.10,000/- is not the part of the incident in question. Learned APP submits that it is reported to him that the applicant has attended the Investigating Officer on 24th and 25th November, 2010. It seems from the reply that the purpose of the investigating agency can be served by asking the applicant to attend for three consecutive days. Learned Counsel for the applicant submits that the days can be fixed by the Court and on those days, the applicant will attend the investigating officer. In view of the submissions of the learned Counsel for the applicant and the reply filed by the State, I am of the opinion that the applicant has made out a case for enlargement him on anticipatory bail. In the result, the application is allowed. The applicant be released on bail in the event of his arrest on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Office of Anti Corruption Bureau, Chandrapur on 29th November, 2010; 30th November, 2010 and 01st December, 2010 between 11:00 a.m. and 02:00 p.m. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the 3 investigating agency. In case the applicant is having passport, the same be deposited with the Office of Anti Corruption Bureau, Chandrapur. (iv) In case the applicant is moving out of the area of the office of Anti Corruption Bureau, Chandrapur, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.