IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( BAIL ) NO. 209 OF 2008 MR. JOHN FERNANDES PRESENTLY IN JUDICIAL CUSTODY ... Applicant Versus S T A T E THROUGH PUBLIC PROSECUTOR ... Respondent Mr. Arun Bras De Sa, Advocate for the Applicant. Mr. C.A. Ferreira, Public Prosecutor for the Respondent. Coram:- N. A. BRITTO, J. Date:- 21st August, 2008 P.C.: Heard Shri Arun Bras De Sa, the learned Counsel on behalf of the applicant/A7 and Shri C.A. Ferreira, the learned Public Prosecutor on behalf of the respondent. 2. The applicant/A7 who was released on bail on 18/07/2002 in Special Case No. 11/2002 appears to have jumped the bail and did not attend several hearings which took place thereafter. Proclamation was issued on 24/01/2007. The applicant/A7 was arrested on 6/01/2008 when he arrived from U.K. and was handed over to the CBI on 7/01/2007 and was remanded to judicial custody. Several applications for bail filed by him came to be rejected and the last one by order dated 7/07/2008. In rejecting the application, the learned Special Judge has stated that having jumped the bail, there is no guarantee that the applicant/A7 will not stay away from the trial of the case. 3. Counsel on behlaf of the applicant/A7 submits that on the same facts for which the said case is pending, the Customs authorities in proceddings under Customs Act has exonerated him. Learned Counsel further submits that the applicant had to proceed abroad, having been ill advised and that the applicant/A7 will attend the said Special Case No. 11/2002 regularly. Considering the facts and circumstances of the case, the applicant/A7 shall be admitted to bail upon execution of a bond of Rs. 25,000/- with one surety in the like amount to the satisfaction of the learned Special Judge, Margao with a futher condition that the applicant/A7 shall not leave the country without seeking prior permission of the learned Special Judge at Margao. 4. Although the bail bonds executed by the accused and his surety on 18/07/2002 have been forfeited, the record does not show whether any proceedings were taken out to recover the amount of the said bonds. Needless to say the learned Special Judge is bound to take the said proceedings to its logical conclusion to recover the amount due but only after issuing a notice to show cause. 5. Application granted on the above terms. N. A. BRITTO, J. NH