Mohammad Chand Mulani vs Union Of India (Uoi) And Anr.

2. The appellant was working as an Assistant Commissioner of Police (Crime-I), Pune, during the year 2002, An FIR relating to an offence of possessing counterfeit stamps punishable under Sections 120B, 255, 258, 259, 260, 263A, 420, 471, 472, 474 read with Section 34 IPC, was registered against certain persons, on 7.6.2002 as C.R. No. 135/2002 at Bund Garden Police Station. The initial investigation was conducted by Mr. Prakash Deshmukh, Senior Police Inspector, Bund Garden Police Station, under the guidance of Additional Commissioner of Police, Pune (Shri S.M. Mushrif), Dy. Commissioner of Police (Zone-II) and the Asstt Commissioner of Police, Crime I (appellant), A charge-sheet was filed on 3.9.2002 followed by a supplementary charge-sheet filed on 25.11.2002.

3. The State Government created a Special Investigating Team (SIT for short) for investigation into the said bogus stamp case, headed by Mr. S.K. Jaiswal DIG on 2.11.2002. A supplementary charge-sheet was filed on 25.11.2002. On 22.12.2002, Sri S.K. Jaiswal, DIG, granted approval to apply Section 3(i)(ii), 3(2), 3(4), 3(5) and 4 of Maharashtra Control of Organised Crime Act, 1999 ('MCOC Act' for short) in regard to C.R. No. 135/2002 of Bund Garden Police Station. SIT submitted one more original charge-sheet in C.R. No. 135/2002 before the Special Judge, Pune, under MCOC Act, numbered as Special Case No. 2/2003 on 27.3.2003. Supplementary charge-sheets were by SIT filed on 15.9.2003 and 3.2.2004. This Court by order dated 15.3.2004 transferred the investigation of this case along with several other cases to the Central Bureau of Investigation (CBI for short). CBI filed a supplementary charge-sheet on 27.5.2005.

4. The appellant was associated with the investigation of that case, from the date of registration of FIR (7.6.2002) till the first charge-sheet was filed (on 3.9.2002). The appellant retired on 31.8.2003. As the investigation by thy SIT disclosed involvement of the appellant in the said bogus stamp case, he was arrested on 4.12.2003. He was arraigned as accused No. 61 in the supplementary charge-sheet filed on 3.2.2004, and was charged under Sections 120B, 216, 218, 221 IPC r/w Sections 3(2), 3(5) and 24 of MCOC Act and Section 7 and 13(1)(d) of the Prevention of Corruption Act.

5. According to the prosecution, the principal accused Abdul Karim Telgi was involved in printing and distributing counterfeit stamps/stamp papers on a very large scale, Daring investigation, stamps/stamp papers worth Rs. 2189 crores were seized. The allegation against the appellant was that during the period when the appellant was supervising the investigation, he came into contact with Telgi through his counsel Abdul Rashid Kulkarni (accused No. 49); that the appellant, with a view to help the perpetrators of the organized crime, tried to subvert the investigation; that he was instrumental in ensuring that some persons involved in the crime, were not shown as accused in the first charge-sheet filed on 3.9.2002; that the appellant received a sum of Rs. 15 lakhs from accused No. 49, as part payment towards a sum of Rs. 3 crores agreed as illegal gratification to arrange for the deletion of Telgi's relations (wife, daughter and brother) from the charge-sheet and to ensure they were not arrested; and that he was thus a direct recipient of funds from the organized crime syndicate of Telgi for facilitating their unlawful activities.

13. We accordingly allow this appeal, set aside the order of the High Court and direct the Special Court, Pune, to enlarge the appellant on bail on his furnishing security to its satisfaction in a sum of Rs. two lakhs with two solvent sureties for like sum, subject to the following conditions:

14. Nothing stated above shall be construed as an expression of an opinion with regard to merits. The entire consideration is with limited reference to grant of bail. It is needless to say that the trial court while deciding the matter on merits, will not be influenced by anything stated by this Court while disposing of applications for bail.