TMI Blog2014 (4) TMI 1284X X X X Extracts X X X X X X X X Extracts X X X X ..... n behalf of the respondents and Mr. De Sa, learned Counsel appearing on behalf of the intervener. The applicant, who has been arrested on 22/11/2013 in Crime No. 168 of 2013 registered with Porvorim Police Station for offences punishable under Sections 489-A, 489-B, 489-C, 420, 465, 467, 468, 472, 474, 475, 409 read with Section 34 of Indian Penal Code (IPC), has filed the above Criminal Application (Bail) No. 84 of 2014 for bail, whereas the complainant M/s. Goa Coastal Resorts and Recreation Private Limited through its Director, at whose instance the said Crime No. 168 of 2013 has been registered, has filed the above Stamp Number (Application) No. 1262 of 2014 praying for leave to intervene in the bail application. 2. A reply resisting the application for bail has been filed by the Investigating Officer. The intervenor has also resisted the application on various grounds stated in the application for intervention. 3. Shri Tarun Khattar, the Director of M/s. Goa Coastal Resorts and Recreation Private Limited, Porvorim, Goa has lodged a complaint on 20/11/2013 with Porvorim Police Station alleging as follows: Between 11/11/2013 to 18/11/2013, the applicant and the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 465 of IPC pertains to forgery and provides for imprisonment for 2 years or fine or both. Section 467 of IPC pertains to forgery of valuable security, will or authority to make or transfer any valuable security or to receive any money, etc when the valuable security is promissory note of the Central Government and it provides for punishment of imprisonment for life or imprisonment which may extend to 10 years and fine. Section 468 pertains to forgery for the purpose of cheating and which provides for imprisonment which may extend to 7 years and fine. Section 472 of IPC pertains to making or counterfeiting a seal, plate, etc with intent to commit forgery punishable under Section 467 of IPC or possessing with like intent any such seal, plate, etc knowing the same to be counterfeited and it provides for punishment of imprisonment for life or imprisonment which may extend to 7 years and fine. Section 474 of IPC pertains to having possession of a document knowing it to be forged, with intent to use it as genuine if the document is one of the description mentioned in Section 466 of IPC and it provides for imprisonment which may extend to 7 years and fine. Section 475 of IPC pertains to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erience for saying so. The applicant has no criminal antecedents. It is not known as to how much time would be consumed for conclusion of the said Sessions Case No. 13/2014. It cannot be expected that the applicant should remain in custody for unlimited period till the conclusion of the case. That would amount to punishment which, otherwise, starts only after conviction. Deprivation of liberty, in this manner, must be considered a punishment. 10. Mr. De Sa, learned Counsel appearing on behalf of the intervener has relied upon various judgments. In the case of Gulabrao Baburao Deokar Vs. State of Maharashtra and others , [2014 (1) Bom. C.R. (Cri.) 477] : [2014 ALL SCR 621], which pertained to cancellation of bail in a case involving offences under Sections 120-B, 406, 409, 411, 420, 465, 466, 468, 471, 109 read with Section 34 of IPC and Section 13(2) read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988, it was found the charge was serious supported by a detailed charge sheet running into 268 pages; role of the appellant was not less than that of three others whose bail had been rejected; and no adequate opportunity was given to the Public Prosecut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration) , [AIR 1978 SC 179 (1)]. The Apex Court has observed that since the Sessions Judge or the High Court will be approached by an accused only after refusal of bail by the Magistrate, it is not possible to hold that the mandate of the law of bail under Section 437 Cr.P.C. for the Magistrate will be ignored by the High Court or by the Sessions Judge. In paragraph 21, it is observed as under: Section 437 Cr.P.C. is concerned only with the court of Magistrate. It expressly excluded the High Court and the court of session. The language of S. 437(1) may be contrasted with S. 437(7) to which we have already made a reference. While under sub-sec. (1) of S. 437 Cr.P.C. the words are: If there appear to be reasonable grounds for believing that he has been guilty . Sub-Sec. (7) says: that there are reasonable grounds for believing that the accused is not guilty of such an offence . This difference in language occurs on account of the stage at which the two sub-sections operate. During the initial investigation of a case in order to confine a person in detention, there should only appear reasonable grounds for believing that he has been guilty of an offence punishable with death o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no and maintains running account with them. There is also record in the form of statement of Shri Shrinivas Nayak, a Director of M/s. Goa Coastal Resort Recreation (P.) Ltd. showing that the applicant had allegedly requested the complainant to wait for some days for him to clear the dues. 13. In the case of Sanjay Chandra Vs. Central Bureau of Investigation , [(2012) 1 SCC 40] : [2011 ALL SCR 2930], the Apex Court has held thus: 21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and circumstances of the case, I am of the view that the stage has come now to release the applicant on bail as no purpose will be served by detaining him in custody any more. 17. In the result, the application is allowed. (a) The applicant shall be released on bail in Crime No. 168 of 2013 registered with Porvorim Police Station for offences punishable under Sections 489-A, 489-B, 489-C, 420, 465, 467, 468, 472, 474, 475, 409 read with Section 34 of Indian Penal Code (Sessions Case No. 13 of 2014) on execution of Personal Bond in the sum of ₹ 1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount, before the Trial Court, on the following conditions: (i) The applicant shall surrender his passport, if he has one, before the Trial Court to remain there until further orders of the Trial Court. (ii) The applicant shall not, directly or indirectly, make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. (iii) The applicant shall not leave India without any previous permission of the Trial Court. (iv) He shall not indulge in any c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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