Allowed

Louis Pascal D'Souza v. the State of Maharashtra and Anr.

Bombay HC21 Jun 2006APPLN/2236/2006

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay granted bail to the applicant, who was arrested under section 41(g) CrPC on allegations involving a Red Corner Notice for foreign currency theft. The court held that bail provisions under the Extradition Act mirror those under CrPC and released the applicant on ₹1,50,000 bail with specific conditions like passport retention and weekly reporting.

What did the court decide?

Applicant released on bail of ₹1,50,000 with conditions including passport retention and weekly reporting to Sahar Police Station.

Louis Pascal D'Souza Vs the State of Maharashtra and Anr. — Bail and Remand | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.2236 OF 2006

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Louis Pascal D’Souza.
Vs.

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State of Maharashtra and anr.

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..Applicant.

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..Respondents.

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Mr. Vijay Pradhan,Sr.Advocate with Mr. Mihir Gheewala
for the Applicant.

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Mr.S.R.Solanki, Adv. for the C.B.I.

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Ms. S.V. Gajare,APP. for the State.

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CORAM : R.S. MOHITE,J.
DATED : 21/6/2006.

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P.C.

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1. This is an application for grant of bail. The
applicant has been arrested by Sahar Police Station
under Section 41(g) of the Code of Criminal Procedure on
the footing that there was Red Corner Notice against
him. A.P.P. states that the Red Corner Notice was
issued by C.B.I. (Interpol) as the applicant is
involved in the offence of theft of foreign currency
i.e. 60,000/- Dirhams ( equivalent to Rs.1,50,000/- in
Indian currency), when he was residing in UAE in 1986.
After perusing Section-25 of the Extradition Act,1962,
it appears that extradition proceedings will have to be
taken against the applicant. On perusal of Section-25

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of the Extradition Act,1962, it is seen that the
provisions as to bail in such matter is same as under

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the Code of Criminal Procedure and the bail is to be
considered on the footing that the offence was committed
in India. In the circumstances, I am inclined to grant
bail to the applicant.

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. It is therefore, directed that the applicant may be
released on bail in the sum of Rs.1,50,000/- of which
Rs.1,00,000/- will be the cash bail and surety will be
provided for an amount of Rs.50,000/-on the condition
that the passport of the present applicant will be
retained by the Sahar Police Station till the issue of
extradition of the present applicant is decided. The
applicant will also report to the Station House Officer
of Sahar Police Station once in a week on every Monday
for the period of two months from today. For the
purpose of furnishing surety the applicant will be
entitled to deposit cash amount of Rs.50,000/- in lieu
of surety subject to further stipulation that the surety
will have to be furnished within a period of two weeks
from today. In case of any difficulty, liberty to both
the parties to move the court.

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2. Application is disposed of.

Louis Pascal D'Souza v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Louis Pascal D'Souza v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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