PANJIM: The High Court of Bombay at Goa on Monday granted anticipatory bail to former Aldona sarpanch and present panchayat member Pranesh Naik, who was booked for assaulting and threatening one Swapnil Pednekar.
The High Court Judge Justice Prakash D Naik in his order stated that in the event of the applicant’s arrest, he be released on executing personal bond of Rs 25,000 with one surety in the like amount. The applicant has been asked to report to the investigating officer as and when called for, till the filing of the chargesheet.
In August this year, the Additional Sessions Court, Mapusa had dismissed the anticipatory bail application of Pranesh Naik and had directed him to surrender immediately before the Mapusa Police and to cooperate with the investigations of the case.
The Mapusa Police had registered a case against Naik under Sections 342, 323 and 506 (ii) read with Section 34 of IPC and Sections 3, 4, 25, 26 and 27 of Arms Act’.
Arguing on behalf of Naik, Adv Kamlakant Poulekar submitted that the applicant was falsely implicated in the case. Initially, the FIR was registered under Sections 342, 323 and 506(ii) read with Section 34 of IPC and subsequently, the provisions of Arms Act were invoked.
According Adv Poulekar, Section 25 of the Arms Act could not be attracted in the light of the requirement to construe the offence under the said Act and that the case would at the most fall under Section 27 of the Arms Act and hence mandatory notice under Section 41-A of CrPC was required to be given that it was a pistol.
Additional Public Prosecutor Nikhil Vaze, on instructions from the police officer, submitted that pursuant to interim relief granted by the Court, the applicant had appeared before the investigating officer and had cooperated with the investigation. Custodial interrogation of the applicant is not necessary. The applicant may be directed to appear before the investigating officer as and when required for investigation.
