Bombay High CourtWPCR/90/2022disposed of

Sangeeta Giri v. State Of Goa, Thr. Public Prosecutor And 2 ORS

2024-07-08Hon'Ble Shri Justice Bharat P. Deshpande2 pages

WPCR 90 of 2022 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.90 OF 2022 SANGEETA GIRI ... PETITIONER

Versus

STATE OF GOA, THR. PUBLIC PROSECUTOR AND 2 ORS ... RESPONDENTS Mr. Vibhav Amonkar, Advocate for the Petitioner. Mr. Pravin Faldessai, Additional Public Prosecutor for Respondent Nos. 1 and 2.

Mr. Ryan Menezes, Advocate for Respondent No.3. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 8th July, 2024 P.C.

1. Heard Mr. Amonkar for the Petitioner, Mr. Faldessai for Respondent Nos. 1 and 2, and Mr. Menezes for Respondent no.3.

2. Though the present proceedings are filed challenging the order passed by the learned Trial Court granting bail.

3. Mr. Amonkar fairly submits that the order was passed in April 2020 and now even the charge sheet has been filed. The trial has also started before the learned Sessions Court. He fairly submits that in such circumstances the challenge in the present petition is only to observations of the Trial Court in paragraph no.7 which are found in the first two lines. He submits that such observations of the Trial Court 8th July, 2024

WPCR 90 of 2022 were unwanted and cast aspersion on the character of the Applicant. He submits that while deciding bail application, there was absolutely no need to accept such contentions and more so the observations of the Trial Court to that effect.

4. The petition could be disposed of by expunging such remarks which are found in paragraph 7 of the order of the learned Trial Court.

5. It is unfortunate that learned Trial Court has made such remarks and that too in a bail order which could have been avoided.

6. Accordingly, the specific remarks against the character of the Applicant/Petitioner found in the impugned order are expunged from the impugned order.

7. In view of the observations, petition stands disposed of by expunging the observations of the Trial Court in the impugned order.

8. Even though such an order is passed, the Trial Court shall not be influenced by the above order, and that the contentions of the parties as far as the merits of the trial is concerned are kept open. BHARAT P. DESHPANDE, J.

8th July, 2024