Final Order 2

Order Details: Bail Order
Pdf Text: - 1 - Bail Application No.1179/BA/2025
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
3RD COURT, ESPLANADE, MUMBAI.
BAIL APPLICATION No.1179/BA/2025
IN
C. C. No.24/PW/1993
Shri. A. K. Thankchan. …. Applicant/Accused
Vs.
CBI, STB, Mumbai. ….Respondent/Complainant
Order below Exh.1
1. This is a second bail application filed by the accused No.3
A. K. Thankchan for releasing him on bail. Perused the application
and say. Heard Ld. Advocate for accused and Ld. APP. Perused the
record of the bail proceeding and main case.
2. Record shows that by interim bail order dated
02.08.2025, accused is released on interim bail till disposal of the
present bail application.
3. In the first bail application, the accused has mentioned
about the illness and it is the matter of fact that the accused could not
substantiate with proper medical certificate/documents. Further-
more, the application was rejected on the ground that the advocate
for the accused was not ready to give undertaking to conduct the
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matter in absence of accused.
4. Now, the accused has filed the original medical
documents. The Advocate for the accused also filed written
undertaking that in absence of the accused, she will represent and
will conduct the trial without disputing the identity of the accused.
Therefore, filing of original medical papers and undertaking of the
advocate are the new developments, which constitute material
changes in circumstances from the earlier bail rejection order. Today,
the accused is also personally present in the Court for hearing of this
bail application. The accused has not breached any condition
imposed in the interim bail application and he has complied with all
conditions. Therefore, the present i.e. subsequent bail application is
maintainable due to the change in circumstances.
5. It is not out of record that this accused suo moto
surrendered before this Court for cancellation of NBW and
proclamation issued against him. He was not arrested by CBI. As per
the submission of accused, since he got knowledge of NBW and
proclamation, he along with his son surrendered before this Court
and has filed bail application.
6. Perusal of the medical documents filed along with this
application shows that the accused is suffering from Parkinsonism
and Type 2 diabetes. It appears that both these illnesses are chronic
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and progressive. At present the accused is more than 65 years old.
7. It is a principle of law that bail is rule and jail is on
exception. The matter is pending since more than 30 years. The
accused is also old one and suffering from chronic and progressive
illnesses. It appears that he has to take regular medicine. Without
medicine, he cannot maintain his health properly.
8. Considering the medical condition of the accused,
undertaking of his advocate, serous illnesses of the accused and
pendency of the case for more than 30 years, I am of the considered
opinion that the accused needs to be released on regular bail with
stringent conditions. Hence, the order.
ORDER
1. The Applicant/Accused No.3 A. K. Thankchan be released
on Regular Bail on his executing Personal Bond of Rs.50,000/-
(Rupees Fifty Thousand Only) with one or two solvent surety in the
like amount.
2. Provisionally accused is ordered to be released on his
depositing cash security of Rs.50,000/- (Rupees Fifty Thousand Only)
on condition that he shall furnish surety within four weeks, subject to
conditions that;
i. He shall not tamper the prosecution
evidence or prosecution witnesses.
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ii. He shall not leave India without prior
permission of the Court.
iii. He shall attend the Court on each date of
hearing of the case, unless specific medical
ground.
iv. Advocate for accused shall remain present
and shall continue the proceeding even in
the absence of the accused without
disputing identity of the accused.
v. Advocate for the accused ensure that the
trial is not delayed due to absence of
accused and shall abide undertaking made
by him before this Court.
vi. He shall submit his detail address, Aadhar
Card, the proof of his residence and also
submit his mobile numbers or landline
numbers and shall intimate change of
address and change of mobile and landline
numbers, if any, to this Court. He shall also
submit mobile numbers of his two close
relatives.
vii. In case of breach of any of the condition,
prosecution may apply for cancellation of
bail.
Mumbai, (R. D.Chavan)
Dated :- 05.08.2025 Additional Chief Judicial Magistrate,
3rd Court, Esplanade, Mumbai.
Mbc/-
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