STATE OF GOA Vs. KENNETH IAN STEWAR SILVEIRA

JUDGEMENT

(1.) The State of Goa has filed the present application seeking quashing and setting aside of an order dtd. 21/10/2021, passed by the Additional Sessions Judge, (FTC) at Mapusa, Goa (hereinafter referred to as the "Sessions Court") whereby anticipatory bail application filed by the respondent was allowed. According to the State, the order is unsustainable, as it is against the tenets governing grant of an application for anticipatory bail. It is specifically contended that the facts of the present case were not taken into consideration in the proper perspective by the Sessions Court while granting relief to the respondent.

(2.) On 22/1/2018, FIR No. 11/2018 came to be registered at Pernem Police Station, North Goa, against the respondent and five others for offences under Ss. 193, 209, 205, 404, 406, 419, 420, 465, 466, 468, 471 read with Sec. 34 and 120-B of the Indian Penal Code (IPC).

(3.) The said FIR came to be registered on the basis of the written complaint dtd. 20/1/2018, submitted by the Director of Civil Aviation, Government of Goa, before the aforesaid police station. The allegations in the said complaint, in brief, were that the respondent along with the other accused persons, particularly accused no. 2 Francy Gonsalves had fabricated documents in order to illegally usurp compensation for acquisition of land, thereby causing huge loss to the Government exchequer. It was alleged that the respondent along with co-accused Francy Gonsalves, prepared a fabricated power of attorney dtd. 29/7/2007, concerning land admeasuring 74800 sq. mts. The original owner, one Laxmibai Madival, was purported to have executed the said power of attorney in favour of the co-accused Francy Gonsalves. It was alleged that the said power of attorney was got executed by impersonating the said Laxmibai Madival. The power of attorney was merely notarised.