Old Goa resident granted transit anticipatory bail in Delhi case

PANAJI
The High Court of Bombay at Goa has granted transit anticipatory bail to an Old Goa resident, Sandesh Narvekar, who has been declared a ‘proclaimed person’ by the Patiala House Court, New Delhi, in a case under Section 138 of the Negotiable Instruments Act.
The Bench of Justice Shreeram Shirsat granted Narvekar interim protection from arrest for three weeks on executing a personal bond of Rs 50,000 with sureties, and other conditions, observing that denial of such relief could cause irreparable prejudice before he approaches the competent court in Delhi.
“The Applicant (Narvekar) intends to approach the competent court at Delhi... If at this stage the Applicant is not protected by interim relief, it would cause irremediable and irrecoverable prejudice to the Applicant in the event he is arrested... keeping in mind the constitutional imperative of protecting the tenets of right to life, personal liberty and dignity, interim protection can be granted for a period of 3 weeks in order to enable the Applicant to make an application before the Court of competent jurisdiction,” the Bench said.
Narvekar sought anticipatory bail apprehending arrest in the case registered at Vasant Vihar police station.
In his plea, Narvekar contended that he had been residing in an Old Goa flat for 7-8 years and was never served summons or warrants. He further alleged that the summons were sent to his brother’s residence at Mapusa, with whom he has ongoing litigation, and who failed to inform him. He further submitted that he had no intention of absconding.
Public Prosecutor Pravin Faldessai opposed the application, arguing that granting relief may stall the investigation.
The court, however, noted that Narvekar had filed an undertaking to approach the Delhi court within the stipulated time. The High Court also clarified that it has not touched upon the merits of the case, which in any event shall be decided by the Court of competent jurisdiction.