Bombay HC grants Bail to Income Tax Officer Convicted by CBI Court for 3 Years RI for Accepting Bribe of Rs. 1 Lakh [Read Order]

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The Bombay High Court has granted bail to an income tax officer convicted by the CBI Special Court last month for three rigorous years for accepting a bribe of Rs. One lakh during the pendency of appeal against the CBI Court’s order.

Justice Sarang V. Kotwal was considering a bail application by the applicant, Shekhar Madhukar Khomanewas convicted for commission of an offence punishable under section 7 of the Prevention of Corruption Act. He was sentenced to suffer R.I. for three years and to pay a fine of Rs.50000/- and in default of payment of fine.

Last month, the Special Judge, CBI cases, Pune (Maharashtra) has sentenced Shri Shekhar Khomane, then Income Tax Officer, Ward 12(4), Range 12, Pune to undergo three years’ Rigorous Imprisonment with fine of Rs.50,000/- in a bribery case. CBI had registered a case on 04.12.2018 against Shri Shekhar Madhukar Khomane, Income Tax officer, , Pune alleging that the accused demanded bribe of Rs. 1,00,000/- from the Complainant to settle the Income Tax proceedings against him.

CBI laid a trap and caught the applicant red handed while demanding & accepting undue advantage of Rs. One lakh from the Complainant. Searches were conducted at the premises of accused which led to recovery of property documents.

The applicant submitted before the High Court that he was on bail during trial and he has not misused the same. The Applicant does not have criminal antecedents.

Allowing the bail application, the Court held that “I have considered these submissions. All the points raised by learned counsel for the applicant will have to be decided during final hearing stage of the Appeal preferred by the applicant. However, the Appeal is not likely to be decided within a short period of three years. The applicant was on bail during trial and even after his conviction he was granted bail U/s.389 of the Cr.p.c. Therefore, the applicant can be granted bail pending his appeal.”

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