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2023 DIGILAW 147 (BOM)

Sandeep Vazarkar v. State Of Goa

2023-01-11

B.P.COLABAWALLA

body2023
JUDGMENT 1. The present Application for anticipatory bail is pending since 21/7/2022. There is no interim relief operating in favour of the Applicant since then. The Applicant's Application for anticipatory bail [Anticipatory Bail Application No. 349/2021] before the Trial Court was rejected by the learned Additional Sessions Judge, Mapusa on 14/7/2022. The present Application has been adjourned from time to time over the past five months. 2. The State has filed its reply dtd. 6/9/2022 and the Applicant has filed its rejoinder thereto on 15/9/2022. 3. FIR No. 266/2020 of Mapusa Police Station, registered against the Applicant is dtd. 6/10/2020 and the same was subsequently transferred to the Special Investigation Team, Crime Branch Police Station, constituted by the State Government, for further investigation. 4. The learned Public Prosecutor, on instructions, from the Investigating Officer, has fairly stated that during the pendency of this Application, the Applicant has remained present as and when called upon by the Investigation Officer and has co-operated with the investigation so far. The learned Public Prosecutor further states that as and when required by the Investigating Officer, the Applicant may be directed to attend the Police Station and cooperate with the investigation. 5. In view of the fact that the Applicant has attended the Police Station as and when called upon by the Investigating Officer over last five months, and particularly so, in the absence of any interim relief operating in favour of the Applicant, it appears that the Applicant's custodial interrogation would no longer be necessary in respect of the present crime. It would therefore be appropriate that the present Application is disposed of by imposing certain terms and conditions upon the Applicant to secure his cooperation during the course of further investigation that may be left until the investigation in the matter is completed. 6. In view of the above, the present Application for anticipatory bail is allowed on the following terms and conditions: (a) In the event of the Applicant's arrest in connection with investigation in relation to FIR No. 266/2020 registered with the Mapusa Police Station, the Applicant shall be released on bail on his execution of a P.R. bond in the sum of Rs.50, 000.00 with one solvent surety in the like amount. (b) The Applicant shall co-operate with the Investigating Agency and shall attend the Special Investigating Team at Crime Branch, Ribandar, Goa, as and when required/called upon by the Investigation Officer. (c) The Applicant shall not in any manner contact or influence or in any manner tamper with, either the prosecution witnesses or any other person in a position to depose before the Investigating Authorities in respect of the subject matter of the crime so as to dissuade them from co-operating with the investigation or any other evidence in respect of the present crime. (d) The Applicant shall furnish his mobile number and other contact details along with his permanent address to the Investigating Officer and shall keep the same valid and current ensuring that he is reachable on the said contact phone and address. (e) The Applicant shall not leave the State of Goa until the chargesheet is filed without seeking permission of the Investigating Officer in writing, and thereafter, without seeking permission of the Trial Court. 7. The above Application is disposed of in the aforesaid terms. 8. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.