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Bombay High CourtCRMAB/313/2019allowed

Reshma Sheikh @ Sapna, Presently In Judicial Custody At Central Jail Colvale., v. State Of Goa, Thr. Public Prosecutor And ANR.,

2020-01-17Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

1 Cr.M.A.B. No. 313/2019

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( BAIL ) NO. 313 OF 2019 RESHMA SHEIKH @ SAPNA, PRESENTLY IN JUDICIAL CUSTODY AT CENTRAL JAIL COLVALE., ... Applicant

Versus

STATE OF GOA, THR. PUBLIC PROSECUTOR AND ANR., ... Respondents Shri Gaurish N. Agni, Advocate for the Applicant. Shri Pravin Faldessai, Addl. Public Prosecutor on behalf of the State.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 17th January, 2020 P.C.:

Reply filed opposing the bail application alongwith the copy of the deposition of the victim recorded before the learned Addl. Sessions Judge, Mapusa.

2. Heard Shri G. Agni, learned Advocate for the applicant

2 Cr.M.A.B. No. 313/2019 who submitted that this was the first offence alleged against the applicant and there was no any previous offence or any charge sheet filed though she was booked for an offence some time in the year 2015. He prayed that she may be enlarged on bail.

3. Shri Pravin Faldessai, learned Addl. Public Prosecutor submits that the other raiding parties are yet to be examined who are material witnesses to the case of the prosecution and prayed that the application for bail be rejected.

4. Without going into the merits of the case and considering the fact that the victim has already been examined and cross examined at length by the applicant and as there is no likelihood of the applicant tampering with the witnesses and the star witness, no prejudice would be caused to the respondents if the applicant is enlarged on bail by putting her to certain terms and conditions. In view of the same, i allow the application with the following terms and conditions:

1. She shall be enlarged on bail on executing bail bonds in the amount of `25,000/- (Rupees Twenty Five Thousand only) and furnishing a local surety in coextensive amount to the satisfaction of the learned Addl. Sessions Judge, Mapusa.

2. She shall not intimidate the witnesses or hamper the course of trial.

3 Cr.M.A.B. No. 313/2019

3. She shall ensure her presence before the learned Trial Judge, Mapusa on every date of hearing.

5. In these terms the application stands disposed off.

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

NUTAN D. SARDESSAI, J.

MF/-