8crn1757-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1757 OF 2010 Shri. Bhagwan Gopal Rane. .. Applicant. Vs. The State of Maharashtra. .. Respondent. .... Mr.A.P. Mundargi, Senior Counsel a/w. Mr.Girish Kulkarni, Advocate for the applicant. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 17th JUNE, 2010 P.C. 1. Heard rival submissions for some time on this application for anticipatory bail preferred by the applicant apprehending his arrest in the matter of allegations against him as to demand and acceptance of bribe amount. 2. Allegedly, some time prior to March, 2010 there was some construction done by the complainant and it being unauthorized one, the Municipal officials demolished the 8crn1757-10 2 same. Again the construction was reerected and there was some demand placed by the present applicant being Junior Engineer with the Municipal Corporation of Greater Mumbai of paying him Rs.50,000/- for not initiating any action against such construction. 3. Apparently, verification of the demand was sought by the investigating agency. However, when a telephone call was made on the mobile of the applicant, the applicant cut the said call and not gave any response. On this, verification by personally meeting the applicant was conducted and the voice of the applicant was recorded on digital tape recorder which was given to the complainant during such verification. Appropriate panchnama was done by the investigating agency. On this aspect, it is argued by the learned Senior Counsel Mr.Mundargi for the applicant that at the moment there is no any scientific data available in order to establish that the voices purportedly appearing in the tape recorder are of the same applicant, and that the applicant had not 8crn1757-10 3 demanded any amount much less accepted any amount in view of the fact that according to the case of the prosecution itself the amount was allegedly accepted by one another person by name Mr.Kadam. 4. In fact it is also the case of the investigating agency that on 19th March, 2010 a trap was led at the place at which meeting was arranged and said Mr.Kadam was apprehended along with tented amount of Rs.10,000/- and he has been put under arrest and after two days he was released on bail. 5. During arguments, learned Senior Counsel Mr.Mundargi for applicant also submitted that false implication of the officer i.e. present applicant cannot be ruled out, inasmuch as earlier on many occasions the construction done by the complainant was demolished by the Municipal squad and as such in order to take revenge, the complainant might have taken the name of the present applicant. 8crn1757-10 4 6. All the same, it is further argued that the custodial interrogation in such matter when apparently the tented amount has been accepted by another person is not warranted. 7. Considering the above and considering that on imposing certain conditions as to cooperate with the investigating agency and to allow the said agency to take requisite voice samples of the applicant, he can be released on anticipatory bail in the event of his arrest. Hence the order:- :: O R D E R :: [i] Criminal Application No.1757 of 2010 for anticipatory bail is allowed. [ii] In the event of arrest of the applicant - Shri. Bhagwan Gopal Rane in C.R. No.18 of 2010 registered by A.C.B., Mumbai, he shall be released on bail on his executing a P.R. bond in the sum of Rs.20,000/- 8crn1757-10 5 (Rs.Twenty Thousand Only) with one surety for the like amount. [iii] In the event of arrest and availing of bail, as above, the applicant shall attend the office of A.C.B. Mumbai as and when called and also to give his voice samples if demanded by the investigating agency. (A.R.JOSHI,J.)