Partly allowed

Navnath Bablo Gaonkar v. the State of Goa, through Police Inspector, Bicholim Police Station

Bombay HC10 Jun 2024CRMA/46/2024

Case brief

AI extract

What is this about?

The High Court modified the bail conditions of the applicant, allowing him to attend duties at his workplace in Amona on working days during working hours, while retaining the restriction on residing in Goa to protect prosecution witnesses.

What did the court decide?

Modification of bail condition (x) to permit attending duties at Amona on working days and strictly during working hours.

Navnath Bablo Gaonkar Vs the State of Goa, through Police… — Bail and Remand | Bombay HC (2024)

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2024:BHC-GOA:926

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31-CRMA 46-2024.DOC

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vinita

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IN THE HIGH COURT OF BOMBAY AT GOA.

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CRIMINAL MISC. APPLICATION NO. 46 of 2024

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NAVNATH BABLO GAONKAR …..Applicant. VS STATE OF GOA, THROUGH THE POLICE INSPECTOR, BICHOLIM POLICE STATION ….. Respondent.

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Mr Ryan Menezes, Advocate for the applicant. Mr P. Faldessai, Advocate for the respondent.

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CORAM: BHARAT P. DESHPANDE, J.

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DATE: 10^th June 2024

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P.C. :

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1. Heard Mr R. Menezes, learned counsel for the applicant and Mr P. Faldessai, learned Addl. Public Prosecutor for the respondent.

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2. This is an application for modification of the order of bail conditions which was allowed on 17.7.2023.

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3. Conditions imposed on the applicant reads thus:

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“(a) The Applicant shall be released on bail in connection with the Crime No.31/2020 registered at the Bicholim Police Station, on furnishing PR bond of Rs.25,000/- with one or more sureties of the like amount to the satisfaction of the Trial Court.

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(b) The applicant shall report to the Bicholim Police Station on the first Monday of every month between 12:00noon and 02:00PM.

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31-CRMA 46-2024.DOC

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(x) Except for attending the Investigating Officer and attending the trial, the applicant shall not enter the State of Goa till the conclusion of the trial.

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(d) The applicant shall not, otherwise, enter the State of Goa without the leave of the Court.

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(e) The applicant shall attend the trial regularly.

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(f) The applicant shall furnish his residential address while residing outside Goa and the contact details to the trial Court as well as the Investigating Officer.

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(g) The applicant shall not influence the witnesses or tamper with the evidence.”

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4. Mr Menezes, now submit that applicant was earlier working with Vedanta/Sesa Goa Iron Ore Plant at Amona. However due to present proceedings and the conditions imposed on him, he was unable to attend duties. Applicant was under impression that he will get another employment at Dodamarg wherein he is residing at present. However, the applicant is unable to secure employment.

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5. Mr Menezes, submits that recently applicant has received a letter from Vedanta/Sesa Goa Iron Ore Plant at Amona dated 19.4.2024 by which said company is ready and willing to allow the applicant to resume his duties inspite of his unathorised absence. He submits that this aspect has been verified by the Investigating Officer which is clear from Paragraph 10 of their reply.

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6. Mr Menezes, would submit that conditions at (x) and (d) could be relaxed. He submits that applicant is having his residence at

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Page 2 of 3 10^th June 2024

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31-CRMA 46-2024.DOC

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Sanquelim and if he is allowed to reside at Sanquelim and attend the job at Amona, the applicant will be able to earn livelihood.

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7. Reply filed by the State shows that M/s Vedanta/Sesa Goa Iron Ore Plant at Amona are ready and willing to allow the applicant to resume the duties.

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8. Since the offence for which applicant is facing trial took place at Bicholim and other places, allowing the applicant to reside at Sanquelim would be detrimental to the prosecution witnesses.

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9. Applicant is presently residing at Dodamarg( Maharashtra). Distance between Dodamarg and Amona could be covered within an hour at the most. Accordingly, the applicant could be allowed to resume his duties at Amona by modifying the condition (x).

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10. Accordingly, both these conditions are modified to the extent that applicant shall be permitted to attend his duties at Amona on working days and strictly during the working hours apart from attending the Court proceedings.

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11. With these modifications, application stands disposed of.

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BHARAT P. DESHPANDE, J.

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Page 3 of 3 10^th June 2024

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Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 10/06/2024 16:08:52

Navnath Bablo Gaonkar v. the State of Goa, through Police Inspector, Bicholim Police Station

Case brief

What is this about?

What did the court decide?

Navnath Bablo Gaonkar v. the State of Goa, through Police Inspector, Bicholim Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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