THE GOAN NETWORK
PANAJI
Indicating that continued detention was not warranted once an accused is remanded to judicial custody, a Judicial Magistrate has granted conditional bail to a man arrested in a drugs case, holding that the prosecution's concerns could be adequately addressed through stringent bail conditions.
Judicial Magistrate First Class Puja U S Sardessai passed the order on Monday while granting bail to Mithlesh Bhagat, who was arrested on July 8 in connection with the offence.
Bhagat sought bail contending that he was falsely implicated in the case and expressing his willingness to comply with any conditions imposed by the court.
While allowing the application, the magistrate noted that there was no justification for keeping the accused in custody merely because the investigation was continuing, particularly after he had already been remanded to judicial custody.
The prosecution, represented by Assistant Public Prosecutor T Pawar, opposed the plea. In its written reply, the investigating officer of Porvorim Police Station argued that the accused had not cooperated with the investigation and that custodial interrogation was necessary to trace the source of the seized drugs and identify any associates. The police also contended that Bhagat, being a non-Goan, could flee the state and may not be available for trial if released.
However, the court noted that by the time the bail application was considered, the accused had already been remanded to judicial custody, indicating that custodial interrogation was no longer required.
The court further held that the concerns raised by the IO could be adequately addressed by imposing stringent bail conditions and found “no reason” to keep the applicant in custody any longer.
Accordingly, the court directed that Bhagat be released on bail upon executing a personal bond of Rs 20,000 and one surety of the like amount. Among other conditions, he has also been directed to report to the IO for five consecutive days upon release, and thereafter as required till the filing of the final report.
Among other conditions, the court barred Bhagat from leaving Goa for 60 days without prior intimation to the IO, directed him to furnish his permanent and local addresses with proof and contact details, restrained him from influencing witnesses or tampering with evidence, and ordered him to cooperate with the investigation. The court also clarified that he would be released only if he was not required in any other criminal case.
