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Judgment
Prithviraj K. Chavan, J
By this application, the applicants who claimed to be nationals of Georgia prayed for their release on bail. They are being prosecuted by the Vasco Da Gama police station for the offences punishable under Sections 380, 454 read with Section 34 of IPC registered as IPC/41/S/2019/D.
Brief facts are as follows:-
The applicants came to be arrested by the Vasco da Gama police on 16.11.2018 on a complaint by one Muzaffar Ahmad Razaki that two unknown persons effected entry into his jewellery shop and committed theft of gold, silver and diamond jewellery. A crime was registered bearing no. 149/2018 under Section 480 read with Section 350 of IPC.
After arresting the applicant no. 1 he was produced before JMFC Vasco da Gama who granted him bail on 18.12.2018 on the following conditions:-
a. Each to furnish Personal Bond of Rs. 20,000/- and one surety in the like amount;
b. To furnish detailed permanent address alongwith their mobile number and to intimate the Hon'ble Court in case of change of address;
c. To co-operate with the investigation;
d. To not threaten witnesses or tamper with evidence in any manner;
e. To attend Vasco-da-Gama Police Station for a period of 20 days from 9.00 am to 1.00p.m after their release;
f. To thereafter visit Vasco-da-Gama Police Station once a month, if visa is not extended;
g. To inform the Hon'ble Court/Investigating Officer prior to leaving the country, failing which the bail would be liable for cancellation;
h. To attend Vasco-da-Gama Police Station as and when directed.
Applicant no. 2 came to be released on bail on 25.12.2018. It is contended that after the release, the applicant no. 2 attended concerned police station on 26.12.2018, 27.12.2018, 28.12.2018, 29.12.2018, 30.12.2018. However, on 31.12.2018, the applicants met with an accident and were admitted in Goa Medical College, Bambolim in ward no. 108. They could not attend the police station on 31.12.2018 and 1.1.2019. However, they took discharge despite suffering form severe spinal injuries due to which they were unable to make their normal movement. It is also contended that they were unable to contact their lawyer as all their personal belonging including mobile phones were attached by concerned police station. It is contended that the applicants contacted their advocate through the neighbours requesting them to inform their difficulty. As per the Advocate's advice they consulted doctor Prithvi Amonkar, who advised them a month's rest due to the spinal injuries to the cervical and lumber areas. Meanwhile, it is learnt by the applicants' through Advocate that on 14.1.2019 prosecution has moved an application for cancellation of bail bearing no. Cr. M.A. No. 8/2019/B a day earlier.
The learned Magistrate on 14.2.2019 canelled the bail of the applicants and rejected the application for modification of condition of bail filed by the applicant bearing Cr.M.A. No. 9/2019/B on the ground that since the bail has already been cancelled, condition for modification would not lie.
Chargesheet has already been filed against the applicants.
When the applicants once again moved an application before Magistrate for bail on 29.3.2019 it also came to be rejected on 3.4.2019.
The applicants approached the learned Additional Sessions Judge by moving an application for bail on 4.5.2019. However, learned Additional Sessions Judge has also rejected the bail application on the ground that the applicants have not challenged the order of cancellation of bail dated 14.2.2019.
Heard Shri R. Rao, learned Counsel appearing for the applicants and Shri Amonkar, learned Addl. Public Prosecutor appearing for the respondents.
I have also perused the impugned order passed by the learned Additional Sessions Judge dated 4.5.2019.
It is observed by the learned Additional Sessions Judge that the applicants being foreign national, there is every possibility of them jumping the bail, threatening the witnesses. It is also observed by the learned Additional Sessions Judge that the applicants have not challenged the order of rejection of the bail and therefore, that order is in force. It is observed that the trial Court can expedite the trial in view of the applicants being under trial prisoners.
In view of the changed circumstances of filing of the chargesheet against the applicants in the Court of JMFC Vasco da gama, the application for bail will have to be entertained.
It reveals from the record that the applicants approached one Dr. Prithvi Amonkar for treatment. Injuries to the applicant no. 1 were cervical spondylosis with multiple bruises and injuries and injuries to the applicant no. 2 were Lumbo Sacrm Pain/Lumbar Spondylosis (R) Sciatica as well as multiples bruises. It appears that medical officer had advised a month's bed rest to the applicants. Medical certificates no where reveals that certificates were given to the applicants for travelling to their country. The applicants cannot be denied bail only because they are foreigners. It would not be proper to keep them behind the bars or incarcerated till the trial is concluded in view of the fact that out of six accused four accused are still absconding as submitted by Shri. Amonkar. Even though learned Magistrate had cancelled the bail of the applicants on the ground that they committed breach of the order, yet the question of attending the police station by the applicants does not arise since chargesheet has already been filed. When the applicants had approached Dr. Amonkar, it was not incumbent on their part to inform the doctor that they are facing a prosecution and were arrested by Vasco police station in a crime of theft. Statement of the said doctor indicates that the applicants had approached him on 5.1.2019 and informed that they met with an accident. It reveals that the applicants informed the doctor that they want medical certificates for the purpose of obtaining new flight tickets. This statement of the medical officer cannot be said to be an authentic one as it appears to have been filed subsequently otherwise doctor could have mentioned the said fact while issuing the medical certificates on that date. Mr. Amonkar, learned Additional Public Prosecutor submits that appropriate orders may be passed in given set of facts and circumstances.
Having considered the entire circumstances and facts, I am of the view that the applicants are entitled to be released on bail, of course, by imposing necessary conditions to secure their presence during the trial.
Now, to the order:-
OPERATIVE ORDER
Application is allowed.
Applicants shall be enlarged on bail in Criminal Case No. IPC/41/S/2019/D on furnishing personal bonds in the sum of Rs. 20,000/- each with one solvent surety in the like amount to the satisfaction of the learned JMFC, Vasco-da-Gama.
Applicants shall surrender their Passports before the learned Magistrate, if not already surrendered.
Applicants shall furnish their cell phone numbers as well their addresses of residence in the State of Goa.
Applicants shall not leave the jurisdiction of JMFC, Vasco-da-Gama without seeking prior permission.
Applicants shall not commit an offence similar to the one with which they are being prosecuted.
Applicants shall not directly or indirectly induce, threat or influence any of the witnesses in any manner.
If the applicants commit breach of any of the conditions, the prosecution is at liberty to again seek for cancellation of their bail.
Applicants shall execute fresh bail bonds and furnish surety before the learned JMFC, Vasco-da-Gama to his satisfaction.
Applicants shall attend the Court scrupulously on each date.
Application stands disposed of.