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Bombay High CourtCRMA/41/2016allowed

Mr. Sagar Lolienkar. v. The State Of Goa Thr. Police Inspector Quepem.

2016-02-23Hon'Ble Shri Justice S. B. Shukre2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 41 OF 2016 IN CRIMINAL APPEAL NO. 57 OF 2014 MR. SAGAR LOLIENKAR.

... Applicant

Versus

THE STATE OF GOA THR. POLICE INSPECTOR QUEPEM.

... Respondent Mr. Ryan Da Piedade Menezes, Advocate for the applicant. Mr. S. R. Rivankar, Public Prosecutor for the respondent. Coram:- S. B. SHUKRE, J.

Date:- 23rd February, 2016 P.C.

Heard learned Counsel for the applicant and learned Public Prosecutor for the State.

2. Learned Counsel for the applicant states that on the previous occasion as well, when the trial of the case pending against the applicant was going on, the applicant was permitted to go abroad and the applicant did return to India to attend the hearing of the trial and also faced the sentence imposed by the Trial Court. Therefore, he submits that the applicant cannot be considered a person, who would misuse the liberty, if granted to him.

3. Learned Public Prosecutor for the State submits that in the past,

CRMA/41/2016 the applicant did not misuse his liberty and, therefore, he submits that he would have no objection if this application is allowed, subject to conditions that the applicant shall attend this Court as and when required and shall also furnish his contact address of the Country, where he is going to.

4. In view of the above submissions, I see no difficulty in granting this application. Accordingly, the application is allowed, subject to conditions that the applicant shall furnish his contact address of Kuwait together with his telephone numbers, including mobile numbers, which would be functional in Kuwait, within two weeks from the date of his departure i.e. 24/02/2016 and that the applicant shall attend this Court as and when required. The presence of the applicant, during the hearing of this appeal, is dispensed with, unless specifically required by this Court.

5. The application stands disposed.

S. B. SHUKRE, J.

SMA