Bombay High CourtCRMAB/2/2020disposed of

Prem Kumar Singh, Presently Lodged In Judicial Custody At Central Jail Colvale, Thr. Siddhesh Borka v. State Of Goa, Thr. Public Prosecutor And ANR.,

2020-01-14Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( BAIL ) NO. 2 OF 2020 PREM KUMAR SINGH, PRESENTLY LODGED IN JUDICIAL CUSTODY AT CENTRAL JAIL COLVALE, THR. SIDDHESH BORKAR ... Applicant

Versus

STATE OF GOA, THR. PUBLIC PROSECUTOR AND ANR., ... Respondents Shri K. Raikar h/f. Shri Sinai Usgaonker Manguirish Nitin, Advocate for the applicant.

Shri P. Faldessai, Additional Public Prosecutor for the respondent-State.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 14th January, 2020 P.C.:

This is an application for modification of the bail granted by the learned Additional Sessions Judge, South Goa, Margao dated 05/11/2019 pursuant to which she imposed certain conditions for his release on bail.

2. The learned Advocate for the applicant submits that it is not possible to secure surety who has immovable property within the jurisdiction of the Trial Court and or to produce the proof of ownership of such immovable property. Besides, it is the contention of Shri Raikar, learned Advocate that the applicant is no sooner enlarged on bail, he would furnish the detailed address of his acquired accommodation in the State of Goa alongwith the

CRMAB/2/2020 identity proof and the proof of residence.

3. Shri P. Faldessai, learned Additional Public Prosecutor leaves the matter to the discretion of the Court.

4. Looking to the stringency of the conditions imposed by the learned Additional Sessions Judge, Margao, the application deserved to be granted. The applicant shall furnish two sureties as ordered (one of whom shall be local) but there shall be no condition that he shall own an immovable property in the State within the jurisdiction of the Trial Court nor would the surety required to produce the proof of ownership of such immovable property. To that extent, the conditions (a) and (b) of the impugned order stand modified. Insofar as the condition (c) is concerned the applicant no sooner is enlarged on bail shall secure the local address and furnish the details to the Investigating Officer alongwith the identity proof and the proof of residence.

5. In these terms the application stands disposed off.

6. All concerned to act on the basis of the authenticated copy of this order.

NUTAN D. SARDESSAI, J.