The High Court of Bombay at Goa, a criminal application by the State under Section 439(2) CrPC filed for cancellation of bail granted to the accused, rejected the application after finding no misutilisation of bail.
Application for cancellation of bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL APPLICATION ( MAIN ) NO. 345 OF 2009
STATE, THROUGH THE POLICE INSPECTOR, WOMEN POLICE STATION Versus
MR. MOHAMMAD GAUS KHAN
... Applicant
... Respondent
Mr. C. A. Ferreira, Public Prosecutor for the Applicant/State.
Coram:R. M. SAVANT, J.
Date:19th January, 2010
P.C.
This is an application filed by the State invoking Section 439(2) of the Criminal Procedure Code for cancellation of bail of the Respondent which was granted by the learned President of the Children's Court by Order dated 01.07.2009. The Respondent is an accused in Crime no.3/2006 registered at the Women's Police Station, Panaji, for offences punishable under Sections 342, 366-A, 293, 376, 511 read with Section 34 of the I.P.C., Sections 4, 5 and 6 of Immoral Traffic (Prevention) Act, 1956 and Sections 2(y)(II), 8, 9 of the Goa Children's Act, 2003.
and delivered a child. The learned President of the Children's Court has also taken into consideration the fact that the Respondent is having permanent residence in Goa and he is doing business there and, therefore, there is no apprehension or likelihood that he would not be available for further investigations.
R. M. SAVANT, J.
arp/*
1 issue framed by the court
Whether the criminal application under Section 439(2) CrPC for cancellation of bail of the accused should be allowed.
State
Mr. Mohammad Gaus Khan
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
