Disposed

Jose Inacio Cota v. Union of India

Delhi HC10 Jan 2025BAIL APPLN./1511/2024

Case brief

AI extract

What is this about?

Petitioner sought regular bail in an extradition complaint case. Interim bail earlier granted for six months on conditions including passport surrender and confinement to Goa was converted into regular bail; he must surrender once FIR proceedings conclude and extradition becomes possible.

What did the court decide?

Regular bail on same terms as interim bail: personal bond Rs. 1,00,000 with surety, passport surrendered, reporting at Goa police station, confined to Goa, surrender after Goa FIR proceedings conclude

Jose Inacio Cota Vs Union of India — Bail and Remand | Delhi HC (2025)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1511/2024

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JOSE INACIO COTA .....Petitioner Through: Mr. Arpit Batra, Ms. Abhilasha, Mr. Nihaal P. Kaamat, Mr. Rohan Sharma and Mr. Shashwat Misra and Mr. Nihal Kamat, Advocates.

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versus

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UNION OF INDIA .....Respondent Through: Ms. Arti Bansal, SPC for UOI. Ms. Rekha Pandey, SPP with Mr. Raghav Pandey and Mr. Ritesh Sharma, Advocates for MEA.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 10.01.2025

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The present petition filed under Section 439 of the Code of Criminal Procedure, 1973¹ read with Section 25 of the Extradition Act, 1962, seeks regular bail in the complaint case No. 690/2020.² This Court after hearing the counsel, on 10^th July, 2024 passed the following order:

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“1. The present petition has been filed under Section 439 Cr.P.C. r/w Section 25 of Extradition Act on behalf of petitioner seeking regular bail in Complain Case No. 690/2020 titled as Union of India vs. Jose Inacio Cota.

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2. Union of India in response to the petition has filed the response which inter alia reads as under:

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1 “CrPC”

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2 titled as Union of India v. Jose Inacio Cota

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:35:32

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“5. In view of the above-mentioned facts, the petitioner/FC may be released on bail, till he has been discharged, whether by acquittal or on expiration of his sentence, in pending criminal case arising out of FIR No. 0080/2021 under Sections 324 read with 504 of IPC at Police Station Maina Curtorim pending trial in the Court of Civil Judge Junior Division and JMFC,D, Margao, Goa, on very strict conditions such as:-

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i. surrender of his passport;

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ii. reporting to the local police station every week;

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iii. imposition of restrictions on his travel outside the State of Goa, without permission of this Hon'ble Court.

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iv. Executing bail bond of substantial amount of money with sureties.

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v. Any other conditions that this Hon'ble Court may deem fit and proper looking into the seriousness of the offence alleged to be committed by the petitioner for which he has to be extradited to United kingdom.”

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3. Learned counsel for the respondent has fairly submitted that in view of Section 31(d) of the Extradition Act, the extradition is not possible till the criminal case arising out of FIR No. 80/2021 under Sections 504/324 IPC registered at PS Maina Curtorim, Goa is not disposed of.

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4. Taking into account the submissions of learned counsel for the respondent and without going further into the merits of the case as the extradition order has already been challenged by the petitioner in Writ Petition (CRL.) No. 3467/2023.

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5. The petitioner is admitted to interim bail for a period of six months on furnishing a Personal Bond of Rs. 1,00,000/- with one like amount surety to the satisfaction of the concerned court/MM/CMM/Duty MM with the following conditions:

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i. The petitioner shall surrender his passport.

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ii. The petitioner shall report to the local police station of Goa on every Friday at 05:00 PM.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:35:32

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iii. The petitioner shall remain within the territory of Goa.

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iv. The petitioner shall not leave the state of Goa without giving intimation to the concerned court at Goa.

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v. The petitioner shall not travel abroad without permission of Ld. ACMM-01, Patiala House Courts, New Delhi.

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6. Copy of the order be sent to the local police station in the which is residing.

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7. List on 10.01.2025.”

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Under the aforenoted order, the interim bail was granted for a period of 6 months. The said period is expiring today.

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Considering the aforesaid order and the facts of the case, the Petitioner is admitted to bail on the same terms and conditions specified in paragraph No. 5 above.

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Once the proceedings in FIR 80/2021 under Sections 504/323 of the Indian Penal Code, 1860 registered at P.S. Maina Curtorim, Goa are concluded, the Petitioner shall surrender in the instant complaint case No. 690/2020 before the concerned ACJM, Patiala House Court designated for the offences under the Extradition Act, 1962.

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With the above directions, the present bail application is disposed of.

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SANJEEV NARULA, J

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JANUARY 10, 2025 as

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:35:32

Jose Inacio Cota v. Union of India

Case brief

What is this about?

What did the court decide?

Jose Inacio Cota v. Union of India

Case brief

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What did the court decide?

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