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2023 DIGILAW 1278 (BOM)

Thereza Dsouza v. State of Goa

2023-06-12

M.S.KARNIK

body2023
JUDGMENT/ORDER 1. On 4/5/2023, the following order came to be passed, the relevant portion which reads thus : "3. This is an application for anticipatory bail by the applicant for the offence punishable under Ss. 465, 466, 467, 468, 471, 420 read with 120-B of the IPC registered with SIT vide Crime No.34/2023. The complainant is the power of attorney holder of the actual owner of survey no. 444/8 of village Anjuna. It is the case of the applicant that the applicant has been impersonated and fraudulent power of attorney made by the husband of the applicant is used for the execution of documents. The learned counsel for the applicant pointed out that the applicant has filed Domestic Violence proceedings against her husband which eventually came to be compounded by filing consent terms. The relations between the applicant and her husband are strained. Divorce proceeding is pending between the applicant and her husband for the last two years on the ground of cruelty. Considering the nature of the allegations, the applicant can be asked to join the investigation and cooperate with the Investigation. Hence, I pass the following interim protection order:- ORDER a. In the event of his arrest, the applicant shall be released on bail in connection with Crime No.34/2023, registered at SIT, upon she furnishing a PR bond in the sum of Rs.25, 000.00 with one or two surety/sureties in the like amount to the satisfaction of the Investigating Officer. b. The applicant to report to the Investigating Officer on 8/5/2023, 9/5/2023 and 10/5/2023 between 11.00 am to 1.00 p.m and thereafter report to the Investigating Officer as and when called and shall co-operate with the investigation. The applicant shall furnish her residential address and contact details along with her mobile number to the Investigating Officer. 4. Place the mater on 12/6/2023." 2. Learned Additional Public Prosecutor submitted that the applicant has joined the investigation. 3. Considering the nature of the allegations and now that the applicant has joined the investigation, in my opinion, the custodial interrogation of the applicant is not required. The interim protection earlier granted needs to be confirmed. Hence, the following order : ORDER (i) In the event of the applicant's arrest, she shall be released on bail in connection with offence punishable under Ss. The interim protection earlier granted needs to be confirmed. Hence, the following order : ORDER (i) In the event of the applicant's arrest, she shall be released on bail in connection with offence punishable under Ss. 465, 466, 467, 468, 471, 420 read with Sec. 120-B of the Indian Penal Code (IPC) registered with the SIT vide Crime No. 34/2023, upon furnishing a PR bond in the sum of Rs.25, 000.00 with one or two sureties in the like amount to the satisfaction of the Investigating Officer. (ii) The applicant shall report to the Investigating Officer as and when called and shall cooperate with the investigation even thereafter. (iii) The applicant shall furnish her residential address and contact details along with her mobile number to the Investigating Officer. 4. Application is disposed of.