MANISH PITALE
State Of Goa – Appellant
Versus
Mahesh Tanna – Respondent
JUDGMENT
Manish Pitale, J. - Heard Mr. S.G. Bhobe, learned Public Prosecutor appearing for the Applicant--State.
2. This is an application challenging an order dated 18.01.2022 passed by the Court of Adhoc Additional Sessions Judge, FTC at Mapusa, in Anticipatory Bail Application No. 8 of 2022.
3. Mr. Arun Bras De Sa, learned Counsel, on instructions, has appeared on behalf of the Respondent(Accused).
4. The Applicant-State is aggrieved by the manner in which the aforesaid Court has passed the Order dated 18.01.2022, granting ad-interim bail to the Respondent on certain conditions. According to the learned Public Prosecutor, the manner in which the order is passed is in the teeth of law laid down by the Hon'ble Supreme Court, which was recently reiterated by this Court.
5. Attention of this Court is invited to contents of the application for anticipatory bail filed on behalf of the Respondent, stating that there is no reference to the version of the Respondent as regards the incident in question and that it is found on investigation by the concerned Officer that the statement regarding the Respondent being an Indian National, is false and that the address of the State of Goa given in th
Sushila Aggarwal & Ors. Vs. State (NCT of Delhi) & anr. (2020) 5 SCC 1
The main legal point established in the judgment is the requirement for applications for anticipatory bail to contain clear and essential facts relating to the offense, and the need for proper reason....
Anticipatory bail granted due to lack of evidence against the applicant, emphasizing the need for cooperation in the investigation.
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
Anticipatory bail can be made absolute if no new violations occur and there is a significant delay in filing the application without evidence of wrongdoing.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
The court granted anticipatory bail, emphasizing the necessity for the State to present clear adversarial facts to deny such relief.
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