Bombay High Court
Dinesh Sureshrao Gawande vs The State Of Maharashtra on 10 May, 2021
Author: Surendra P. Tavade
Bench: Surendra P. Tavade
23.BA.1672.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1672 OF 2021
Dinesh Sureshrao Gawande .....Applicant
Versus
The State of Maharashtra .....Respondent
Mr. J.J. Xavier i/by Jayant Bardeskar, Advocate for the Applicant.
Ms. M.H. Mhatre, APP for the Respondent-State.
CORAM : SURENDRA P. TAVADE, J.
DATE : 10th MAY, 2021.
P. C. :
1. This is an application for bail under Section 430 of Cr.P.C. in
connection with C.R.No.10/2021 registered with Sahar Police Station for the
ofences punishable under Sections 188, 269,, 4695, 4698, 4711, 4713, 420
r/w.34 of Indian Penal Code, 18690 (IPC) and u/s.51(B) of Disaster
Management Act with Rule 11 of Covid-1,.
2. It is the case of prosecution that the FIR was lodged by the
Executive Engineer of BMC on 15.01.2021. It is alleged in the FIR that the
applicant was working as a Sub-Engineer in MCGM. He was deputed in
Mumbai International Airport for checking the RT-PCR Test Report of the
passengers arriving in India from foreign countries.
3. It is alleged that on 15.01.2021 at about 5.50 a.m. the ofcers of
CRFF and MIAI informed the informant that the applicant was demanding
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Rs.4,000/- from the passengers for allowing them facility of home
quarantine instead of institutional quarantine. It is contended that the
applicant demanded and received Rs.4,000/- each from four passengers
mentioned in the FIR. It is alleged that in the bag of applicant, the informant
and the Security Ofcers of the Airport found two rubber stamps of Dr. Anant
Radhaswami and Dr. Sandip Savkare, letterhead of Tata Memorial Hospital,
cash of Rs.1,35,080/- alongwith 200/- notes of Saudi Riyal. The said
articles have been seized under the Seizer Panchanama. It is alleged that
the applicant used to demand Rs.4,000/- from the passengers for allowing
them the facility of home quarantine instead of institutional quarantine. It is
contended that on the basis of above allegations, the learned counsel for the
applicant submits that those are false allegations, infact no passenger has
made any complaint that inspite of their RT-PCR certifcate the applicant
demanded money from them. He also pointed out some discrepancies in
the statement of the sweeper who saw the applicant alongwith money
rapped in the handkerchief. He submits that the applicant came to be
arrested in the night of 14.01.2021. Since then he is in custody. The
investigation is completed. The co-accused have already been released on
bail. He also submitted that two months prior to the alleged incident, the
applicant met with an accident and his leg was fracture and rod is implanted
in his leg. He also submitted that the applicant need a medical treatment.
Therefore, he be released on bail.
4. Learned APP for the State submits that there are direct allegation
against the applicant coupled with the recovery of money. The role of
accused-persons who are released on bail and the present applicant is
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totally diferent. So the rule of parity cannot be claimed by the applicant.
She also submits that the applicant was entrusted with the duty to check the
RT-PCR certifcates of the passengers and direct them either to home
quarantine or institutional quarantine, but he failed in duty. He committed
breach of Covid-1, rules and safety of Indian citizen. The act of applicant
is graver than the other accused-persons who are released on bail. She
submits that there is ample evidence against the applicant. Therefore, she
prays to reject the application for bail.
5. Perused the FIR. Admittedly, the applicant is an employee of
BMC. He was sent on deputation to Mumbai International Airport for
verifying the RT-PCR certifcate. It was his duty to certify whether the
passengers should be advised for institutional quarantine or home
quarantine on the basis of the certifcate possessed by them. The crucial
material against the applicant is that he was found with his bag having
rummer stamps, letterhead of doctors and hospitals. Similarly, he was
found in possession of cash of Rs.1,35,080/- alongwith 200/- notes of Saudi
Riyal. So prima facie the involvement of the applicant is established from
the charge-sheet fled against him.
6. As far far the bail of applicant is concerned, the entire
investigation is over. The charge-sheet is fled against him. There is no
possibility of early hearing of the case in near future. Prior to the incident,
the applicant met with an accident and he was operated, so some medical
care is required to be taken. Co-accused who helped the applicant in the
alleged ofence, have been released on bail. No doubt, the role of co-
accused is diferent than the present applicant, but at the same time it can
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be said that they were connivance with each other. Looking to the totality of
the allegations and recovery, in my opinion, the applicant is entitled to be
released on bail as there is no possibility of early hearing in near future.
7. Hence, I pass the following order.
ORDER
(i) Criminal Bail Application is allowed and disposed of.
(ii) In the event of arrest of the applicant in connection with C.R.No.10 of 2021 registered with Sahar Police Station, the applicant be released on bail on his executing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(iii) The applicant shall not tamper or threaten the prosecution witnesses whatsoever manner;
(iv) The applicant is directed to attend the hearing of the case regularly in the trial Court.
(v) The applicant is directed not to leave Mumbai without prior permission of this Court.
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