1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISCELLANEOUS APPLICATION NO. 19 OF 2004 Mr. Tho m as Ferna n d e s, son of Mr. Basilio Ferna n d e s, residen t of House No.396, Majorda, Salcete- Goa. ... Applicant versus 1. State of Goa 2. Police Inspector, Colva Police Statio n. 3. Francis Coelho, residen t of Majorda, Goa. ... Respon d e n t s Mr. Arun Bras De Sa, Advocate for the Applicant. Mr. S. N. Sardessai, Public Prosecut or for the State /Resp o n d e n t No.1. CORAM : V. M. KANADE, J. DATE : 23RD JUNE, 2005. ORAL JUDGMENT The Applican t is challenging the Order passed by the District & Session s Court, South Goa at Margao, in Criminal Miscellan eo u s Applicatio n No. 19 of 2003. By the said Order dated 12th January, 2004, the learned District & Sessions Court at Margao 2 was pleased to cancel the Bail which was granted to the Applicant and directed him to be rema n d e d to judicial custody. Against the said Judgme n t an d Order, the Applicant preferred this Criminal Miscellan eo u s Applicatio n. By Order dated 16th January, 2004, this Court was pleased to grant an Order of stay to the Order passe d by the learne d Sessions Judge who had cancelled the Bail of the Applicant. 2. The learne d Counsel appe ari ng on behalf of the Applicant has sub mitte d that the trial in the Sessions Court is almost over and Judgme nt is likely to be pron o u n c e d in the first week of July, 2005. 3. Since the trial is over and the Judgme n t is to be pro n o u n c e d , the Order passed by the District & Sessions Court, South Goa at Margao, in Criminal Miscellaneo us Application No. 19 of 2003, therefore, has practically becom e infructuo u s since the Applican t in the mean ti m e was grante d interim stay of the Order of the Sessions Court. The Applicant, therefore, has not surre n d e r e d to judicial custody in view of the interi m Order passed by this Court on 16th January, 2004. The Applicant in the mea n ti m e, has faced the trial and has not absco n de d nor has tam p e r d with the witnesses. Even otherwise, after having per us e d the Order passed by the District & Sessions Court, South Goa at Margao no case has bee n made out for cancellation of Bail which 3 was alrea dy grante d by the Court earlier before the Order of cancellatio n was passed. 4. Und er the facts and circum s ta n c es of the case, the Order passe d by the District & Sessions Court, South Goa at Margao, in Criminal Miscellaneo u s Application No. 19 of 2003 is quas he d and set aside an d the Crimin al Miscellaneo us Application is allowed in the above terms. V. M. KANADE, J. RD