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Judgment
G.S. Kulkarni, J
After this Application was heard for some time, the learned Public Prosecutor has fairly pointed out ground (b) on page 57 of the paper book, 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. Ground (b) is required to be noted, which reads thus:
“(b) The Applicant respectfully submits that the impugned order is arbitrary and illegal as it is an order passed by the Hon'ble Sessions Judge on the basis of facts, completely alien to the said FIR as well as the Applicant herein.”
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.