Research › Search › Judgment

Bombay High Court · body

2022 DIGILAW 547 (BOM)

Regino Faleiro v. State Of Goa

2022-02-26

MANISH PITALE

body2022
JUDGMENT 1. In both these applications, the applicants have approached this Court seeking anticipatory bail in connection with an FIR registered against them at the Fatorda Police Station, Marago under Ss. 465, 468, 471, 420 read with Sec. 34 of the Indian Penal Code. 2. On 22/12/2021, when these applications came up for consideration after notice, this Court found that a prima facie case for grant of ad-interim protection was made out by the applicants and that such ad-interim protection could be granted, subject to the applicants co-operating with the investigation. 3. As a consequence, the following order granting adinterim protection was passed in favour of the applicants:- a) In the event the applicants are arrested during the pendency of the present applications, in connection with the aforesaid FIR registered at Fatorda Police Station, they shall be released on ad-interim bail on furnishing personal bond of Rs.50,000.00 each and a surety of the like amount each, to the satisfaction of the Investigating Officer. (b)The applicants shall attend Police Station, Fatorda on every Monday and Friday of the week between 10.00 am to 12.00 noon, during the pendency of the applications. (c)The applicants shall not tamper with the evidence or influence the witnesses. (d)The applicants shall co-operate with the investigation. 4. Today when the applications are listed for further consideration/disposal, Mr. J. Ramaiya, learned Counsel appearing for the applicants submitted that they have been co-operating with the investigation and that therefore, the applications may be allowed in the interest of justice. 5. Mr. S. G. Bhobe, learned Public Prosecutor, on instructions from the investigating officer, confirms that the applicants have indeed co-operated with the investigation. He submits that this Court may issue appropriated directions to the applicants to continue to co-operate with the investigation. 6. In view of the above, considering the reasons stated in the order dtd. 22/12/2021, granting ad-interim protection to the applicants, this Court is of the opinion that in view of the fact that the applicants have thus far co-operated with the investigation, interim protection can be confirmed and present applications can be allowed. 7. Accordingly, the applications are allowed and the interim order dtd. 22/12/2021, granting ad-interim protection to the applicants, this Court is of the opinion that in view of the fact that the applicants have thus far co-operated with the investigation, interim protection can be confirmed and present applications can be allowed. 7. Accordingly, the applications are allowed and the interim order dtd. 22/12/2021 passed in these applications stand confirmed on the following terms:- ORDER (a) In the event the applicants are arrested during the pendency of the present applications, in connection with the aforesaid FIR registered at Fatorda Police Station, they shall be released on ad-interim bail on furnishing personal bond of Rs.50,000.00 each and a surety of the like amount each, to the satisfaction of the Investigating Officer. (b)The applicants shall make themselves available before the Investigating Officer as and when required. (c) The applicants shall not tamper with the evidence or influence the witnesses. (d)The applicants shall co-operate with the investigation. Applications are disposed of in above terms.