BOMBAY HIGH COURT - BENCH AT GOA
SHYAM RAMAVATAAR BHARTI – Appellant
Versus
STATE OF GOA, THR. PUBLIC PROSECUTOR AND ANR – Respondent
CRMAB 271/2019
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IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL APPLICATION ( BAIL ) NO. 271 OF 2019
SHYAM RAMAVATAAR BHARTI., .. Applicant
Versus
STATE OF GOA, THR. PUBLIC
PROSECUTOR AND ANR., .. Respondents.
Shri Vibhav Rajiv Amonkar, Advocate for the Applicant.
Shri S.R.Rivankar, Public Prosecutor for the Respondent/State.
Coram:- NUTAN D. SARDESSAI, J.
Date:- 9th December, 2019.
P.C.:
Heard Shri V. Amonkar, learned Advocate for the
applicant and Shri S.R.Rivankar, learned Public Prosecutor on
behalf of the State.
2. It is the contention of Shri Amonkar, learned Advocate
that no offence has been made out against the applicant
whatsoever and besides the victims have approached the
learned Sessions Court in an intervention application and
stated that no offence of trafficking at all took place. It was a
fit case to order the applicant to be enlarged on bail in
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anticipation of his arrest and therefore the application had to
be allowed.
3. Shri Rivankar, learned Public Prosecutor on the contrary
submitted that the investigation in the case was substantially
completed and that the applicant is involved in other cases.
He however, fairly conceded that the applicant could be set at
liberty in anticipation of his arrest subject to certain terms and
conditions being imposed in that regard.
4. Looking to the tenor of the application and the fair
concession made by the learned Public Prosecutor and also
the statments of the so called victims of crime, the applicant
is ordered to be enlarged on bail in anticipation of his arrest
on the following terms and conditions:-
i. In the event of arrest of the applicant, he shall be
enlarged on bail on executing a bail bond in the
amount of `25,000/- (Rupees Twenty Fiver Thousand
only) and furnishing a surety in coextensive amount
to the satisfaction of the learned Sessions Judge,
Panaji.
ii. He shall not indulge in any such activities or crime
within the State of Goa.
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iii. He shall report at the Police Station when ever called
upon to do so and commensing from now i.e. for two
days with effect from 10.12.2019.
5. In these terms, the application stands disposed off.
NUTAN D. SARDESSAI, J.
MF/-