‘Without applying mind’: HC revokes special CBI court’s bail order in Rs 40 lakh bribe case

Bombay High Court also observed that the Sessions Judge passed the order 'without application of mind and without perusing the record properly.'

Bombay High Court Rs 40 lakh bribe caseThe High Court has ordered the Investigating Officer (IO) to produce them before the Sessions Judge once their custody ends. (Image enhanced using AI)

The Bombay High Court on Wednesday set aside an order of a Thane Special CBI Court that had termed the arrests of three accused in an alleged Rs 40 lakh bribery case “illegal” and released them on bail. It also observed that the Sessions Judge passed the order “without application of mind and without perusing the record properly.”

The High Court remanded CGST Superintendent Rakesh Kumar Sinha, a private person, and Customs House Agent (CHA) Narinder Rajput to two days of CBI custody for custodial interrogation. It ordered the Investigating Officer (IO) to produce them before the Sessions Judge once their custody ends.

In a press release, the agency said it was trying to trace the third accused: Additional Commissioner CGST Vinay Kumar Kantheti, a 2009-batch IRS officer.

On August 26, the CBI’s Anti-Corruption Branch, Mumbai, registered the case under Section 7 of the Prevention of Corruption Act following a complaint by a businessman, who alleged that the CGST Superintendent had demanded a bribe of Rs 1.50 crore in connection with proceedings involving the complainant’s firm. The bribe was later negotiated to Rs 40 lakh

The agency laid a trap on August 27 and apprehended Rajput while he was accepting Rs 40 lakh on behalf of Sinha and Kantheti. Later, Sinha and Kantheti were arrested and produced before the Special CBI Court in Thane.

A day later, the Thane court termed the arrests “illegal,” denied custodial interrogation and ordered their release.

A single-judge bench of Justice Shivkumar G Dige on Wednesday allowed CBI’s revision application against the Thane court order, which the three accused opposed.

Story continues below this ad

The sessions court observed that the investigating officer violated legal provisions by presenting the case diary with loosely arranged papers. It noted that officials prepared arrest memos without ensuring the accused understood or received written grounds for arrest as per procedure.

However, Justice Dige termed the sessions court order “perverse” and “incorrect” since the procedures were followed.

“Mere loose pages of a case diary cannot be a ground to suspect the prosecution’s case at the threshold,” the court noted, adding that allegations against the accused were “serious”.

Following the High Court’s order, Sinha and Rajput were taken into CBI custody for custodial interrogation. The agency is making efforts to trace and apprehend Kantheti, the CBI officer said.

Manish Kumar Pathak is a dedicated journalist reporting for The Indian Express from Mumbai. His work demonstrates substantial Expertise and Authority across the complex field of crime reporting, with a strong focus on law enforcement actions, fraud, and cyber security challenges facing the metropolitan region. Expertise & Authority Affiliation: Reports for the nationally recognized daily, The Indian Express, providing his content with high Trustworthiness. Geographical Focus: Provides comprehensive, ground-level coverage of breaking news and investigative matters across Mumbai and the surrounding regions (e.g., Thane, Vasai). Core Authority: His reporting portfolio highlights deep Expertise in crucial beats, including: Cyber & Financial Crime: Extensive coverage of sophisticated scams, including cases involving high-value cyber fraud, stock market manipulation scams, and fraudsters using government figures to gain trust. Law Enforcement & Investigation: Reports directly on major police actions, including arrests made by the Economic Offences Wing (EOW) in fraud cases (e.g., MHADA flat scams) and detailed coverage of murder and kidnapping investigations. Major Incidents & Public Safety: Covers significant incidents like building collapses, road accidents, and public safety issues such as theft at large public events. Defence & Maritime: Also covers key updates regarding the Indian Navy, including the commissioning of new vessels and strategic defense announcements. Manish Kumar Pathak's consistent focus on crime, fraud, and the workings of the Mumbai police system establishes him as a trusted and authoritative source for critical news in Western India. ... Read More

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Advertisement
Loading Recommendations...
Advertisement
Advertisement
Latest Comment
Post Comment
Read Comments