Team Herald
PANJIM: The High Court of Bombay at Goa on Thursday directed the Ad-hoc Additional Sessions Judge, Mapusa to complete the hearing and to dispose of the anticipatory bail application filed by Kenneth Silveira of Chicalim on October 21 itself.
The High Court Justice Manish Pitale passed the order while, hearing a criminal application filed by the Crime Branch, which is investigating the fraudulent sale of land at Mopa.
The Crime Branch had challenged the order dated October 6 passed by the Ad-hoc Additional Sessions Court, Mapusa, granting interim relief to Silveira against his arrest and asking him to report to the investigating officer for five days.
After perusing the impugned order, Justice Pitale observed that there can be no doubt about the fact that the order passed by the Ad-hoc Additional Sessions Judge, Mapusa is Cryptic. There is no reasoning as to why an order of interim relief from arresting the respondent is granted. The order does not disclose as to why the said court thought it fit to grant such an interim order in favour of him.
As per the law laid down by the Supreme Court and reiterated by the High Court in the aforesaid judgment/order pronounced today, such blanket interim orders in anticipatory bail applications are not expected. Even if the court is of the opinion that a case made out for grant of interim order in anticipatory bail application, the court must specify the reasons in brief as to why such an interim order is to be granted. In the present case, the impugned order does not show any such reasoning and a blanket interim order has been passed in favour of the respondent, the High Court said.
Kenneth Silveira is accused of purchasing land vide sale deed dated July 29, 2010, allegedly on a false and fabricated Power of Attorney dated July 29, 2007.
The Crime Branch has already arrested Francy Gonsalves of Chicalim, who has been remanded in judicial custody.
In its additional say submitted to the Ad-hoc Additional Sessions Judge, Mapusa, the Crime Branch has prayed that the anticipatory bail granted to Silveira be rejected since his custodial interrogation is necessary to take this case to its logical conclusion and to all collect all the material evidence and to complete the investigation of the case.
While granting interim relief to Silveira, the Ad-hoc Additional Sessions Judge, Mapusa had posted the matter for next hearing on October 21.
The Crime Branch also wants to details of conspiracy hatched and involvement and role played by other accused including government servants named in the FIR.
