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2000 Supreme(Bom) 460

VISHNU SAHAI
Ajay Kumar Jain, I. P. S. – Appellant
Versus
State of Maharashtra – Respondent


ORDER (ORAL)

Vishnu Sahai, J. - Heard counsel for the parties. Through this application preferred under section 438 Cr. P.C. the applicant who is a suspended Additional Commissioner of Police, has prayed for anticipatory bail in C.R. No. 23 of 2060 under Sections 8, 10, 13(i)(d) of the Prevention of Corruption Act, 1988 read with sections 201, 120-B, IPC registered on the basis of a complaint of Police Inspector Sanjiv Kokil, attached to the Byculla Police Station by the Anti-Corruption Bureau. Greater Mumbai.

2. The factual matrix, in short from which this application arises is as under.

On 22-5-2000, P.I. Kokil was on night duty in the limits of Zone - III. At about 2.05 a.m. Deputy Commissioner of Police (D.C.P.) found Sairaj Bar Restaurant in the jurisdiction of Byculla Police Station open beyond the scheduled time. P.I. Kokil was Galled by the D.C.P. and was asked to draw a Panchnama regarding the restaurant being kept open beyond scheduled hours.

It is the case ofP.I. Kokil that on 235-2000 co-accused P.C. Lodha who introduced himself as Chartered Accountant of the applicant and who claimed to be acting on behalf of the applicant informed him, that he was to be suspended for dere












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