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Judgment
G.S. Kulkarni, J
After this Application was heard for some time, the learned Additional Public Prosecutor has fairly pointed out paragraph 16 at page no. 6 of the memo of the Application, to contend that the impugned order can be set aside and the learned District and Sessions Judge, South Goa at Margao can be directed to decide the applicant’s bail Application afresh, without being influenced by the impugned order. Paragraph 16 is required to be noted, which reads thus:
“16. That the learned Sessions Court has failed to consider all the facts and circumstances of the case and has wrongly dismissed the Bail Application filed by the applicant by considering the fact of some other case not connected or has any relation with the alleged present case”
The learned Counsel for the applicant would not have any objection to such a course of action.
Accordingly, considering the said ground as urged in the Application, the impugned order would be required to be set aside. It is accordingly set aside.
The learned District and Sessions Judge, South Goa at Margao, is directed to decide the applicant’s bail Application in question without being influenced by the impugned order.
At this stage, the learned Counsel for the applicant would submit that the applicant intends to file a fresh bail Application. If that be so, let the learned Sessions Judge make an endeavour to decide such bail Application as expeditiously as possible and preferably within a period of 15 days of the service of the bail Application on the learned Public Prosecutor, appearing before the Sessions Court, without being influenced by the impugned order.
Disposed of in the above terms.