JITENDRA DESHPRABHU Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for the applicant and the intervenors and learned Public Prosecutor at length.

(2.) By this application under Section 439 of Cr.P.C., the applicant seeks bail. Bail application bearing No.208/2011 filed by the applicant has been rejected by the Sessions Judge, Panaji by order dated 6.8.2011. The applicant is presently in police custody.

(3.) Pursuant to the order dated 7.5.2011 passed in Criminal Miscellaneous Application No. 32/2011 by the Judicial Magistrate, First Class, Pernem in an application under Section 156(3) of Cr.P.C. filed by the intervenors FIR was registered against the applicant and others for the offences punishable under Sections 217, 218, 405, 409, 420, 468, 471, 120-B and Section 34 of I.P.C, Sections 7, 8, 9, 10, 11, 12, 13 of the Prevention of Corruption Act, Sections 17-A and 17-B of the Town and Country Planning Act and Rule 7 of the Goa (Prevention of Illegal Mining, Transportation and Storage of Minerals) Rules, 2004, The Forest Act, The Water Act and the Environment Act. The applicant filed an application seeking relief under Section 438 of Cr.P.C. before the Sessions Judge, North Goa, at Panaji, which was dismissed by the Sessions Judge by order dated 4.8.2011. Thereafter, applicant filed an application for bail bearing No.208/2011 seeking bail which was dismissed by the Sessions Court. The applicant has approached this Court for bail.