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Bombay High CourtCRMAB/158/2019allowed

Amit Kumar Jha, Presently At Judicial Custody At Central Jail Colvale., v. State Of Goa, Thr. Public Proscutor And ANR.,

2019-06-18Hon'Ble Shri Justice C. V. Bhadang3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( BAIL ) NO. 158 OF 2019 AMIT KUMAR JHA, PRESENTLY AT JUDICIAL CUSTODY AT CENTRAL JAIL COLVALE., ... Applicant

Versus

STATE OF GOA, THR. PUBLIC PROSCUTOR AND ANR., ... Respondents Adv. Vibhav Rajiv Amonkar for the Applicant.

Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondent/State. Coram:- C. V. BHADANG, J.

Date:- 18th June 2019 P.C.:

Heard the learned counsel for the applicant and the learned Additional Public Prosecutor for the Respondent/State.

2.

This is an application for modification of the condition no.(ii) imposed by the learned Sessions Judge, vide order dated 20/4/2019 while granting bail to the applicant.

3. The condition no.(ii) reads thus:

"The applicant shall furnish his detailed native as well as present residential address in Goa, with proof, which shall be

verified by the I.O within 7 days of his giving the document to the I.O"

4.

Mr. Amonkar, the learned counsel for the applicant states that the applicant has no documents in support of his native address in the State of Bihar. He, however, points out that as per the letter dated 30/5/2019, the Crime Branch, Ribandar, Goa has informed the learned Session Judge that the SP Bhegusarai has verified the address as well as the character and antecedents of the applicant, and has informed that the applicant is not involved in any crime at his local address. It is thus submitted that the part of the condition no. (ii) requiring the applicant to furnish his detailed address along with proof may be dispensed with, to the extent of furnishing proof in support of the residential address.

5.

Mr. Faldessai, the learned Additional Public Prosecutor for the respondent submits that this Court may pass appropriate orders in view of the fact that the name, address, character and antecedents of the applicant have been verified from S.P. Bhegusarai, as intimated by the Crime Branch, Ribandar-Goa.

6.

The learned counsel for the applicant submits that in so far as the local address is concerned, the applicant has already furnished the documents in

support thereof, which have been verified by the investigating officer. 7.

Considering the overall circumstances, the application is allowed. The part of the condition no.(ii) to the extent requiring the applicant to furnish proof in support of his native address is hereby dispensed with. C. V. BHADANG, J.

Ap/-