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Bombay High CourtCRMA/163/2018granted

Raymond Barretto, Presently Lodged In Central Jail, Colvale, Thr. Vanesha Barretto., v. The State Of Goa, Thr. Police Inspector, Cuncolim Police Station, Cuncolim.,

2018-06-19Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC APPLICATION NO. 163 OF 2018 IN CRIMINAL APPEAL NO. 47 OF 2018 Mr. Raymond Barretto, S/o Milagres Barretto, major, businessman, H.No.35/A, Masconi, Cuncolim, Salcete, Goa, (presently lodged in judicial custody at the Central Jail, Colvale and represented herein by his next friend and wife, Mrs. Vanesha Barretto, w/o Raymond Barretto, major, H.No.35/A, Masconi, Cuncolim, Salcete, Goa).

...Applicant

Versus

The State of Goa, Through Police Inspector, Cuncolim Police Station, Cuncolim, Salcete, Goa

...Respondents

Shri Ryan Menezes, Advocate for the Applicant. Shri P. Faldessai, Additional Public Prosecutor for the respondents.

CORAM:

NUTAN D. SARDESSAI, J.

DATED :

19th June, 2018.

O R A L O R D E R :- 1.

Heard Shri Ryan Menezes, learned Advocate for the applicant who submitted that the applicant was throughout on bail during the trial before the learned Sessions Judge, South Goa, Margao. He has not violated any of the conditions of bail on which he was released and therefore seeks the suspension of impugned Judgment and sentence and for his enlargement on bail.

2.

Shri Pravin Faldessai, learned Additional Public Prosecutor waives service on behalf of the respondents and opposes the application for his release on bail. 3.

Having considered the submissions of Shri Ryan Menezes, learned Advocate for the applicant ad Shri P. Faldessai, learned Additional Public Prosecutor for the respondents and materially the undisputed fact that the applicant has been throughout on bail, i pass the following :

O R D E R

i) The sentence of imprisonment imposed by the Judgment dated 15/06/2018 is stayed.

ii) The applicant is ordered to be enlarged on bail on executing a bail bond of ₹50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of the Registrar of this Court. iii) He shall deposit the final amount of ₹15,000/- (Rupees Fifteen Thousand only) within two weeks from today. iv) He shall adhere to all the conditions imposed on him at the time of his release on bail.

v) The application stands disposed off in the aforesaid terms. vi) Parties to act upon the authenticated copy of this order. NUTAN D. SARDESSAI J.

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