The Additional Chief Judicial Magistrate of the Esplanade Court has rejected the bail application filed by Shamburaje Wable, the City Survey Officer of Goregaon, stating that there appears to be manipulation in the original government records. The court observed that such manipulation would not have been possible without the involvement of the officer in charge of the department. It also noted that the investigation is being conducted by a Special Investigating Team (SIT) as per the directions of the Bombay High Court.
In its order, the court, convinced by the investigating agencies argument, stated: “ As per the investigating officer, on perusal of the entire record, it appears that the accused, being a City Survey Officer, lodged a report making certain allegations against his subordinates. At the same time, he specifically stated in his report that he conducted an inquiry into the incident, but no one provided him with any information. There is manipulation in the original government records. Such manipulation is not possible without the participation of the officer in charge of the department. Despite being aware of the situation, then accused lodged a vague report and attempted to mislead the investigating agency. The investigation is being conducted by a Special Investigating Team as per the directions of the Hon’ble Bombay High Court. At this stage, the investigation is still incomplete. The accused is currently serving as an officer in the said department. As per the records, the alleged incident took place in 2019. If the accused is released on bail, there is a possibility that he may hinder the investigation, given his dominant position in the department.“
The court, thus while rejecting the bail held, “The investigation is ongoing solely due to the directions issued by the High Court. There is evidence of manipulation in the original government map related to a property in Mumbai. Considering the current stage of the investigation, it would not be just and proper to release the accused on bail.”
According to the investigating agency, Wable has been accused of allegedly forging the city survey map of Goregaon, with approximately 58 buildings constructed based on the forged survey.
“There is manipulation in the government map. The accused, being the City Survey Officer of Goregaon, issued a forged map. Manipulations were found in eight original maps. The investigating officer visited the locations where the manipulation had occurred and found 58 illegal constructions on those properties,” said the investigating officer in the case.
The bail application was filed on the grounds that Wable himself had reported the forgery while serving as the City Survey Officer of Goregaon. The report was lodged on February 18, 2020, at the Goregaon Police Station, following which the investigation was transferred to the Crime Branch, where Wable was subsequently arrested.
“All other accused in the case have been released on bail; therefore, on the grounds of parity, the applicant/accused is also entitled to bail. Moreover, all the alleged offenses are triable by this court, and the custody of the accused is not required for further investigation. Hence, the accused should be granted bail,” the bail application stated.
