9911796707
TMI Blog2001 (5) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint, which was registered as Crime No. 3/2001, the concerned Station Officer, forwarded the said report to the Magistrate at around 18.30 hours and thereafter proceeded to investigate into the matter. It is stated that statements of two witnesses, have been recorded by the concerned Investigating Officer, namely, of Prasad Tendulkar (brother of the complainant) and Rajiv Naik (Personal Assistant of the complainant). It is stated that the Investigating Officer thereafter at around 11.30 p.m. along with a posse of Police, visited the residential house of the applicant at Amona in Bicholim taluka and he was called upon to accompany the Police for investigation in connection with the said complaint. The record indicates that the applicant followed the police without any resistance, but it is stated that thereafter a group of 40 persons gheraoed the police and prevented them from taking away the applicant. There are certain allegations made in the affidavit about the conduct of the applicant at the relevant point of time. However, that is not the subject matter of the proceedings, for the offence alleged against the applicant, in the present case, is simpliciter under section 12 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is invariably a motive. ............ The applicant in the instant case as is revealed had obstructed his arrest and even otherwise it is a matter at large that the family of the applicant accused and other persons have already moved for Anticipatory bail apprehending their arrest in that connection. That aspect of the matter cannot weigh while disposing this application but it is referred to in passing to show the conduct of the applicant and what would be his subsequent demeanour, if set at a large, if at all. 6. Heard both sides at length and perused the record. At the outset, I have no hesitation in observing that the Sessions Court while rejecting the bail application, was more influenced by morality than law. This is evident from the observations made by the Sessions Court that the offence in question was serious enough and therefore the applicant ought not to be released on bail. The Sessions Court, has clearly overlooked that it is the privilege of the Parliament to decide which offence should be treated as serious or otherwise. The legislative intent of treating the offence serious is eloquent from the sentence provided for the said offence. In the present case, the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a Police Officer issues notice to persons to attend the Station House and not to leave station without permission would do. 8. In the present case Mr. Kantak has rightly criticised the action of arrest on the ground that no offence of abetment could be proceeded against the applicant unless the principal offender was booked. The learned Addl. P.P. submits that necessary action will be taken against the principal offender after investigation is complete. The only justification for such a stand seems to be because of the fact that the principal offender is a sitting M.L.A. If this be so, there was hardly any reason for the Investigating Officer to hasten the arrest of the applicant, who is undoubtedly charged only for the offence of abetment. Now that the Investigating Officer has already recorded statements of relevant witnesses and no other recovery is to be made as righ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n custody on the basis of mere apprehension. It is not necessary for this Court to go into the correctness of the statements recorded by the Investigating Officer for the same will have to be done at the appropriate stage during the trial. For the time being, what is to be seen, is the nature of the offence; and the possibility of the applicant, if released on bail, making any attempt to tamper with the prosecution evidence or witnesses. As observed earlier, the complaint is simpliciter for an offence under section 12 of the Prevention of Corruption Act, and in that connection, necessary evidence has already been recorded by the Investigating Agency. Merely because co-accused is absconding, is not a sufficient ground to refuse bail in such matters especially when the principal offender has not been booked and the applicant is merely charged of abetment. In the circumstances, I have no hesitation in observing that the Sessions Court was clearly in error in refusing bail mainly being influenced by considerations other than law. 11. The learned Addl. Public Prosecutor points out that on account of the conduct of the applicant, this is not a fit case, where he should be released on bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rlier, the alleged offence in the present case is only under section 12 of the Prevention of Corruption Act and therefore it was wholly inappropriate for the Sessions Court to reserve the orders on bail application and thereafter again adjourn the matter to another date as has been done in the present case. 14. In the circumstances, I have no hesitation in enlarging the applicant on bail, provided he is subjected to strict conditions. The learned Addl. Public Prosecutor has submitted that the applicant be directed to attend the Crime Branch, Panaji Police Station on daily basis till the investigation is completed between 5.00 to 8.00 p.m. and besides that the applicant should not enter the territory of Sanvordem Constituency during the investigation period. 15. In my view, the applicant can be released on bail forthwith on the following conditions:--- (a) That the applicant shall furnish one security for an amount of Rs. 10,000/-. The security be furnished to the satisfaction of the J.M.F.C., Panaji; (b) The applicant shall also furnish a personal Bond for the like amount before the J.M.F.C., Panaji; (c) The applicant shall not enter Sanvordem Constituency, during the progress of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
