Allowed

David Pobri Fernandes through Brother and Next Friend Wiston Fernandes v. State through Public Prosecutor and Anr.

Bombay HC8 Feb 2008CRMAM/15/2008

Case brief

AI extract

What is this about?

The Court allowed the appeal and directed police to return the petitioner's passport, subject to conditions including furnishing a new bail bond, residential addresses, and travel itineraries, finding no justification for withholding it given the lack of prior travel restrictions.

What did the court decide?

Police directed to return the petitioner's passport subject to furnishing a bail bond, addresses, and travel itinerary.

David Pobri Fernandes through Brother and Next Friend Wiston… — Bail and Remand | Bombay HC (2008)

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IN THE HIGH COURT OF BOMBAY AT GOA

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CRIMINAL APPLICATION ( MAIN ) NO. 15 OF 2008

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DAVID POBRI FERNANDES THROUGH BROTHER AND NEXT FRIEND WISTON FERNANDES Versus STATE THROUGH PUBLIC PROSECUTOR AND ANR.,

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... Appellant

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... Respondents

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Mr. Arun Bras De Sa,Advocate for the applicant. Mr.C.A.Ferreira, Public Prosecutor for the respondent- State.

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Coram:R.M.S. KHANDEPARKAR, J.

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Date:8th February, 2008

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P.C.

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Heard. Undisputedly, while granting bail, the Courts have not imposed any restrictions for the movement of the petitioner nor he has been restrained from going abroad. In such circumstances, I don't find any justification for withholding his passport by the police. Undoubtedly, if there is any apprehension in the mind of police that the petitioner may not be available as and when required, either for necessary investigation or for the trial before the Court, certain conditions can be imposed while releasing the passport.

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The learned Counsel appearing for the petitioner has also stated that the petitioner is represented in the trial Court by his Advocate and he can be served at any time through his Advocate and he will not raise any dispute about such service. The petitioner has further stated that the he will make himself available as and when required and will also furnish the details of his residence at the places of travels in case he choose to go abroad. I accept the said statement on behalf of petitioner. In fact there is a clear undertaking in that regard even in the petition itself.

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Accordingly, the petition is allowed and the respondents are directed to return the passport of the petitioner subject to the following conditions.

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The petitioner shall furnish a bail bond in the sum of Rs.50,000/- in partial modification of the order dated 23.7.2007 by the Sessions Court in Bail Application No.187/2007 with one surety in the like amount to the satisfaction of the Sessions Court,Margaon.

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The petitioner shall furnish his residential address as well as address of his residence in the foreign countries in case he chooses to travel abroad.

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He shall furnish to the Qupem Police Station, the detail itinerary of his travel before he leaves the country.

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The petitioners shall also comply with the other conditions imposed upon him while granting bail in Bail Application No.187/2007 by the learned Sessions Judge,Margaon.

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The petition is, accordingly, allowed in above terms and the same is disposed of.

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R.M.S. KHANDEPARKAR, J.

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SMA

David Pobri Fernandes through Brother and Next Friend Wiston Fernandes v. State through Public Prosecutor and Anr.

Case brief

What is this about?

What did the court decide?

David Pobri Fernandes through Brother and Next Friend Wiston Fernandes v. State through Public Prosecutor and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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