High Court of Goa rejected the criminal application for bail filed by Darshana @ Swati Nemade prosecuted under IPC 370(A)(2) and IT Act, citing part-heard trial and lack of change in material circumstances.
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IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL APPLICATION ( BAIL ) NO. 39 OF 2017
DARSHANA @ SWATI NEMADE, PRESENTLY IN JUDICIAL CUSTODY AT SUB JAIL SADA, VASCO.,
... Applicant
Versus STATE OF GOA, THR. WOMEN AND CHILD PROTECTION UNIT MARGAO AND ANR., ... Respondents
Mr. Amey Prabhudessai and Mr. Sagar Govekar, Advocates for the applicant. Mr. S. R. Rivankar, Public Prosecutor for the respondents.
Coram:C. V. BHADANG, J.
Date:17th February, 2017
P.C.
The applicant is facing prosecution for the offence punishable under Section 370(A)(2) of the Indian Penal Code (IPC, for short) and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act and the applicant is in judicial custody since 26/05/2016. The trial before the learned Sessions Judge is part heard, in which, some of the prosecution witnesses are examined. The learned Sessions Judge has rejected the application for bail on the ground that there is no change in material circumstances after rejection of the previous application and on the ground that the applicant is a resident of Maharashtra and has also a residential address shown in Mumbai and thus, there is likelihood of the applicant not being available for trial, if released on bail.
2 CRMAB/39/2017
C. V. BHADANG, J.
SMA
1 issue framed by the court
Whether bail should be granted to the applicant who is in judicial custody and whose trial is part-heard.
2 provisions across 2 enactments
Darshana @ Swati Nemade
State of Goa, Thr. Women and Child Protection Unit Margao and anr.
C. V. Bhadang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
