1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION 7 OF 2006 JAIWANT PANDURANG CHARI, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 95 OF 2006 PUNDALIK BABI GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 96 OF 2006 TAMDO DATTA GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent 2 CRIMINAL MISC. APPLICATION 97 OF 2006 SUNIL VISHNU GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 98 OF 2006 SANDEEP GOPAL NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 99 OF 2006 GOPAL DEMU GAONKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent 3 CRIMINAL MISC. APPLICATION 100 OF 2006 GURUDAS VITHAL SATERIKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 101 OF 2006 MAHESH DHARMA GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 102 OF 2006 SADASHIV SUKDO CHARI, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent 4 CRIMINAL MISC. APPLICATION 103 OF 2006 KRISHNA BABULO GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 104 OF 2006 SHRIKANT BALI GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 105 OF 2006 KANTA VITHAL GAONKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent 5 CRIMINAL MISC. APPLICATION 106 OF 2006 UTTAM VISHNU GAONKAR, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 107 OF 2006 DNYANESHWAR DHARMA GAONKAR, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 108 OF 2006 RAMCHANDRA BABULO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent 6 CRIMINAL MISC. APPLICATION 109 OF 2006 CHIMLO KEVJI GAONKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION, VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 8 OF 2006 KANTA PANDURANG GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 7 CRIMINAL MISC. APPLICATION 9 OF 2006 SHANKAR VITHAL SALELKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 10 OF 2006 SANTOSH ZILU GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 11 OF 2006 BHANUDAS PUNDALIK GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 8 CRIMINAL MISC. APPLICATION 12 OF 2006 SHYAMSUNDAR UTTAM GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 13 OF 2006 DINANATH VITHU NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 14 OF 2006 CHANDRAKANT NARAYAN GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION ... Respondent 9 CRIMINAL MISC. APPLICATION 15 OF 2006 RAMAKANT BABULO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 16 OF 2006 SHRIKANT ZILU GAONKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 17 OF 2006 MANOHAR SHANKAR GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 10 CRIMINAL MISC. APPLICATION 18 OF 2006 SUBHASH KESHAV GAWAS,SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 19 OF 2006 PRADEEP LADKO NAIK, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 20 OF 2006 TULSHIDAS ZALGO GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 11 CRIMINAL MISC. APPLICATION 21 OF 2006 RAJARAM LAXMAN DESSAI, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 22 OF 2006 PREMNATH UTTAM GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 23 OF 2006 SURESH ANKUSH NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 12 CRIMINAL MISC. APPLICATION 24 OF 2006 GAJANAN BAKELO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 25 OF 2006 PRAKASH BALCHANDRA GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 26 OF 2006 RAMESH ZALGO GAONKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 13 CRIMINAL MISC. APPLICATION 27 OF 2006 SITARAM BABULO GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 28 OF 2006 NAKUL LAXMAN GAONKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 29 OF 2006 RAJENDRA BUDO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 14 CRIMINAL MISC. APPLICATION 30 OF 2006 SATISH RAMULO GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 31 OF 2006 KASHINATH DEUGO GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 32 OF 2006 SUNIL MAHADEV GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 15 CRIMINAL MISC. APPLICATION 33 OF 2006 DEVIDAS ALIAS DEUGO GANESH GAWAS, SALELI, SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 34 OF 2006 ROHIDAS ARJUN GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 35 OF 2006 YESHWANT FATI GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 36 OF 2006 DASHARATH BABI GAONKAR, SALELI,SATTARI GOA. ... Applicant 16 versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 37 OF 2006 BABLO SITARAM GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 38 OF 2006 ROHIDAS SUKDO NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 39 OF 2006 DULO SURYA GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 17 CRIMINAL MISC. APPLICATION 40 OF 2006 TULSHIDAS VISHU GAONKAR, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 41 OF 2006 VILAS BULO GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 42 OF 2006 SADIYO CHIMIO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 43 OF 2006 GANESH RAM GAWAS, SALELI,SATTARI GOA. ... Applicant 18 versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 44 OF 2006 SURESH SHIVA GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 45 OF 2006 ARJUN MAHADEV GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 46 OF 2006 MAHADEV APA GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 19 CRIMINAL MISC. APPLICATION 47 OF 2006 SANJAY BHISU GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 48 OF 2006 SHRIPAD YESHWANT NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 49 OF 2006 PANDURANG GUNO NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 20 CRIMINAL MISC. APPLICATION 50 OF 2006 SHIVA RAMA GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 51 OF 2006 DHARMA RAJARAM GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 52 OF 2006 NAVSO KESHAV PARWAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 21 CRIMINAL MISC. APPLICATION 53 OF 2006 BABLI GOVIND GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 54 OF 2006 PRABHAKAR ARJUN GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 55 OF 2006 NARAYAN RAJARAM GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 22 CRIMINAL MISC. APPLICATION 56 OF 2006 ARJUN CHANDRU GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 57 OF 2006 DILIP BAIULE GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 58 OF 2006 SATISH ARJUN GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 23 CRIMINAL MISC. APPLICATION 59 OF 2006 RAUJI LAXMAN SATERKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 60 OF 2006 RAMA ANANT GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 61 OF 2006 TUKARAM KRISHNA GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 24 CRIMINAL MISC. APPLICATION 62 OF 2006 SAKHARAM LAXMAN GAONKAR, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 63 OF 2006 LAXMAN GANESH GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 64 OF 2006 VISHNU BABJI GAONKAR, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 25 CRIMINAL MISC. APPLICATION 65 OF 2006 BABLO ZHANGDO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 66 OF 2006 SADASHIV SUKDO CHARI, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 67 OF 2006 ZAMGDA VISHNU GAONKAR, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 26 CRIMINAL MISC. APPLICATION 68 OF 2006 DEVAGO ZIU GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 69 OF 2006 DILIP JANDU NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 70 OF 2006 BABUSO TULO GAONKAR, SALELI, SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 27 CRIMINAL MISC. APPLICATION 71 OF 2006 RAMESH BHANUDAS GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 72 OF 2006 SURYA SAHU NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 73 OF 2006 NARAYAN PUTI GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 28 CRIMINAL MISC. APPLICATION 74 OF 2006 PANDURANG MAHADEV GAWAS, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 75 OF 2006 LAXMAN SHIVA GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 76 OF 2006 SHABLO KEVCHO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 29 CRIMINAL MISC. APPLICATION 77 OF 2006 SUDHAKANT NARAYAN GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 78 OF 2006 BULO RAJGO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 79 OF 2006 GOVIND SHIVA GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 30 CRIMINAL MISC. APPLICATION 80 OF 2006 SHRIKANT BUDO NAIK, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 81 OF 2006 SALGO BARKELO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 82 OF 2006 VISHWANATH DEVGO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 31 CRIMINAL MISC. APPLICATION 83 OF 2006 SANDEEP GOPAL GAONKAR, SALELI,SATTRI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 84 OF 2006 BALCHANDRA GOVIND GAONKAR, SALELI, SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 85 OF 2006 SAGAR PANDURANG GAONKAR, SALELI,SATTARI GAO ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 32 CRIMINAL MISC. APPLICATION 86 OF 2006 NAKUL FONDU GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 87 OF 2006 KHEWJO TAMDO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 88 OF 2006 SURESH RAGHOBA GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 33 CRIMINAL MISC. APPLICATION 89 OF 2006 PRAKASH SALGE NAIK, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 90 OF 2006 GURUDAS NAKUL GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 91 OF 2006 DNYANESHWAR LAXMAN GAONKAR, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent 34 CRIMINAL MISC. APPLICATION 92 OF 2006 AJU VISHRAM GAWAS, SALELI,SATTARI GOA ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 93 OF 2006 MANJUNATH VHARMA GAONKAR, SALELI, SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent CRIMINAL MISC. APPLICATION 94 OF 2006 RANJU RUPLO GAONKAR, SALELI,SATTARI GOA. ... Applicant versus STATE THROUGH VALPOI POLICE STATION VALPOI, SATTARI­GOA. ... Respondent Mr. A. N. S. Nadkarni and Mr. H. D.Naik, Advocates for the Applicant. Mr.S.S.Kantak,Advocate General with Ms. W. Coutinho, Public 35 Prosecutor for the State. CORAM : N. A. BRITTO, J. DATE : 27TH JANUARY, 2006. ORAL ORDER The applicants herein are accused in Cr. No.79/2005 of Valpoi Police Station which has been registered against one Zilla and 250 others which includes the present applicants, under Sections 143, 147, 148, 353, 332, 323, 324, 325, 307 r/w Section 149 I.P.C. and Section 3 of the Prevention of Damage to Public Property Act, 1984 and to which Sections 326, 435 and 336 I.P.C. have been added subsequently. The applicants were arrested on 29­12­2005 at about 22.30 hours and were remanded to police custody till 2­1­2006 for a period of 14 days and again for another period of 14 days on 16­1­2006 which period is due to expire on 30­1­2006. 2. From the facts stated, it appears that three crimes came to be registered at Valpoi Police Station in quick succession. The first crime is Cr. No.77/2005 which was registered upon a F.I.R. filed by Krishnarao R. Sardessai and this was in respect of an incident of stone pelting which took place at 36 his house at 8.15 p.m. on 28­12­2005 under Sections 143, 147, 148, 337, 427 r/w 149 I.P.C. Five accused were named in this incident. The second is Cr. No.78/2005 which took place on the next day i.e. 29­12­2005 at about 12 noon and this was registered under Sections 143, 147, 148, 427, 302, 325 r/w 149 I.P.C. This was registered against six named persons. The accused persons who are common in Crime No.77/2005 and Crime No.78/2005 and who are also involved in this Crime No.79/2005 have not applied for bail but the accused herein had approached the learned J.M.F.C. for bail and their applications were rejected. Then they approached the Court of Sessions but the learned Additional Sessions Judge by her Order dated 16­1­2006 was pleased to reject their applications. 3. It appears that prior to these incidents of three Crimes registered at Valpoi Police Station, the villagers Bordemvadda and Saleli were agitating against the family of the said Krishnarao R. Sardessai on account of crusher pollution, blasting, not transfer of lands occupied by the said villagers in their names free of cost, etc. 37 4. It further appears that the accused involved in Crime Nos.77/2005 as well as 78/2005 had all gathered near Sateri Kelbai Temple at Sattari, Goa on 29­12­2005 at about 14.45 hours along with other villagers, about 250 in number. 5. After the incident of murder which had taken place at 12 noon on 29­12­2005 a dog is said to have been given scent of a slipper lying at the scene of murder and then gone into the said crowd of villagers when the Executive Magistrate told the said assembly that those involved in the murder(Cr.No.29/12) should surrender and when they came out and surrendered by going into the Police van the women and children are stated to have followed them. Thereafter there was commotion. The other villagers insisted that they too be arrested. Thereafter the villagers blocked the road and at the time of removing the blockades that stone throwing started causing injuries to policemen, damage to vehicles, then setting fire to the vehicles and lastly firing by the Police. 6. Mr. D. K. Sawant, S.P., North, sustained fracture to his fingers, Mr. Vaman Tari, SDPO, Mapusa had his tooth 38 broken, Mr. Anthony Monserrate, P.I. had fracture to his finger, Constable Vibhavari alias Jayanti Gawas had fracture to her nose and Constable Vinod Talaunekar had also a fractrure to his left hand and other members of the Police force also sustained some injuries. Police jeeps bearing Nos.GA­01­G­1330 was set on fire and Police vehicle Nos.GA­01­G­1329, GA­01­G­1083, GA­01­G­ 0029, GA­01­G­7582 and GA­01­G­63 were all damaged. 7. In the background of the aforesaid facts and with the allegation that the applicants along with others had formed an unlawful assembly with a common object of assaulting the Police personnel with stones and having damaged the Police vehicles and attempting to kill the Police personnel by pelting stones and for having obstructing them from discharging their lawful duties that the said Crime No.79/2005 came to be registered against the said Zilla, the applicants and others under the Sections of law to which mention has already been made. 8. On behalf of the applicants, the learned Counsel Mr. Nadkarni has submitted that the villagers had gathered near the said Sateri Temple to protest against the dust pollution which 39 was being caused by the crushers set up by the family of the deceased and at this time it is the Police who provoked the said villagers who indulged in stone pelting, damaging the Police vehicles etc. but none of the applicants are involved in the said incident. Mr. Nadkarni has submitted that four of the applicants are students and about ten of the applicants are above the age group of 50 and others are below 25 years of age and mostly are poor agriculturists, living from hand to mouth and in case some of them are not admitted to bail they are bound to loose their jobs. Mr. Nadkarni has submitted that today is the thirtieth day after the arrest of the applicants and the investigating agency had sufficient time to investigate into the alleged offences and, therefore, their further detention in custody is not at all necessary. Mr. Nadkarni has submitted that all offences except 353, 332, 324, 307, 326 are bailable, but that does not mean that the applicants ought not to be granted bail, after such a long period of detention. 9. On the other hand, Mr. Kantak, the learned Advocate General, on behalf of the investigating agency, has submitted that the investigations are still in progress and though test 40 identification parades have been held twice a third one is scheduled to take place on 30th instant. Mr. Kantak has submitted that the said Zilla is still absconding and that the investigating agency be given sufficient time to complete the process of identification and once that is completed in case any of the applicants remain from being identified then the investigating agency could certainly proceed against those not identified, under Section 169 of the Code of Criminal Procedure, 1973. Mr. Kantak has submitted that much time was taken for holding the identification parades because only one Special Judicial Magistrate was available. Mr. Kantak has placed reliance on the case of Ganga Singh and others v. The State(AIR 1956 Allahabad 122) wherein an observation was made, as regards identification under Section 9 of the Evidence Act that it was open to the Magistrate to accelerate the proceedings of identification and it was further open to him to postpone the grant of bail and to have taken up the application for bail after the proceedings of identification had been conducted and only because the accused person had given an undertaking that he would not raise the plea that the witnesses had the occasion to see him before the identification proceedings were conducted, it 41 was not open to the Magistrate to grant bail to the accused. 10. In the reply filed on behalf of the investigating agency it has also been stated that the injured Police personnel and other villagers are witnesses to this Crime and that they would not come forward to give their statements against the accused persons out of fear, if the applicants are released on bail and that in case the applicants are admitted to bail they shall threaten the witnesses who are the residents of Saleli village and they will not come forward to depose regarding the incident of assault on Police by stone pelting and loss caused to the Government vehicles. 11. The basic rule is bail and not jail as stated by the Apex Court in the case of State of Rajasthan v. Balchand(AIR 1977 S.C. 2447) except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice. It is not the case of the investigating agency that the case of the applicants is one which is covered by the two situations contemplated by sub­section(1) of Section 437 of the Code of Criminal Procedure. All the offences alleged against the 42 applicants in this Cr. No.79/2005 except Sections 307 and 326 are bailable. The real nature of the incident can be gathered from the reply filed today by the investigating agency that it is a case "of assault on Police by stone pelting and loss caused to the Government vehicles". If a stone was thrown and if one of the Police Officers as a result of hitting of the said stone lost one or two teeth that would certainly not attract Section 326 I.P.C. As far as Section 307 I.P.C. is concerned, it is not known as to whose murder the applicants wanted to commit whether it is of some of the Police Officers or all the 50 and odd Police personnel who had gathered there. Regarding the applicability of Section 307 I.P.C. is concerned, least said at this stage would be better since any observations in that regard may injure the case of the prosecution or the defence. It appears that for the first 14 days of judicial custody remand no effort was at all made by the investigting agency to carry out any test identification parade/s and the