HIGH COURT OF BOMBAY
VIJAY MARUTI KAMBLE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
APPLN 751/2007
[1]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 751 OF 2007
CRIMINAL APPLICATION NO. 751 OF 2007
CRIMINAL APPLICATION NO. 751 OF 2007
Vijay Maruti Kamble ..Applicant
V/s
The State of Maharashtra ..Respondent.
Mr., Advocate for the applicant.
Mr., APP for the State.
CORAM : J.H. BHATIA, J.
CORAM : J.H. BHATIA, J.
CORAM : J.H. BHATIA, J.
DATE : 8TH MARCH, 2007.
DATE : 8TH MARCH, 2007.
DATE : 8TH MARCH, 2007.
P.C.
. Applicant Vijay Kamble, who is working as a
Junior Engineer with Mumbai Municipal Corporation,
Mumbai, seeks anticipatory bail in Crime N0. 11/2007,
registered by Anti Corruption Bureau. Worli, Mumbai,
under the provisions of Prevention of Corruption Act.
Heard Mr. Kocharekar, learned Counsel for the applicant
and Mr. Nikam, learned APP. Perused the relevant
documents. As per the report lodged by one Laxmikant
with Anti Corruption Bureau on 29/1/2007, he is
constructing a house. However, one Chandrakant Kamble,
who is a Mukadam or Supervisor working in P North Ward,
approached him and told him that he is making a
construction without obtaining necessary permission and
[2]
the construction could be demolished. However, he told
him that if he wanted to save the construction, he
should pay Rs. 1 Lakh. This talk took place on mobile
phone on 28/1/2007. The complainant expressed his
difficulty to pay Rs. 1 lakh. Then said Chandrakant
Kamble told the complainant that he was making the
demand on behalf of the Junior Engineer, Mr. Kamble
i.e. the present applicant and the amount could be
reduced only by Junior Engineer Kamble. Finally, on
mobile itself, 29/1/2007 at 10 a.m. it was decided that
a meeting be held in the Hotel Ashray, liberty Garden,
Malad. Accordingly, at 12.45 the complainant went to
the said hotel. He found that Chandrakant Kamble was
not present. Therefore, he contacted him on mobile and
as instructed, the complainant went to hotel Ashok.
When the complainant reached there, Chandrakant Kamble
and present applicant both were present. The present
applicant was introduced by Chandrakant Kamble and
thereafter the present applicant made a demand or Rs. 1
Lakh. After complainant showed his inability to pay
that much amount, the present applicant agreed to accept
amount of Rs. 40,000/-. He also told the complainant
to make the payment within two hours. Chandrakant
Kamble also nodded and showed his approval to this
[3]
proposal. After this talk, the complainant approached
the Anti Corruption Bureau. It appears that thereafter
the complainant again contacted Chandrakant Kamble and
agreed to pay Rs. 25,000/-. A trap was arranged and
Chandrakant Kamble accepted the amount of Rs. 25,000/-