HC dismisses Kashinath Shetye’s plea in Korgao illegal mining case


The high court of Bombay at Goa recently dismissed applications filed by Kashinath Shetye and other challenging the anticipatory bail granted by the sessions court to two persons in the illegal mining case at Korgao.
On July 19, 2012, the sessions judge, North Goa, at Panaji had granted anticipatory bail to Shaikh Faisal and Mrugendra Bharat in the case.
Apprehending arrest in connection with an FIR lodged by the police for alleged illegal extraction of ore from the property for former Congress MLA Jitendra Deshprabhu, the duo had approached the sessions court .
During the hearing of the case in the high court, the applicants lawyer R Menezes argued that the custodial interrogation of both of them is warranted in order to find out as to whether there is illegal excavation of ore at the property of Jitendra Deshprabhu and also to locate the ore which was transported.
Senior counsel S Lotlikar, who appeared for one of the respondents argued that only the state government could have filed an application seeking cancellation of bail on the ground that custodial interrogation was absolutely necessary.
While dismissing the applications, the high court observed that the order passed by the sessions judge granting anticipatory bail to the accused is liable to be set aside by a superior court only if the order passed is patently perverse and passed in utter violation of the principles governing grant or refusal of anticipatory bail.
"In the present case, majority of the reasons given by the sessions judge in granting anticipatory bail to the respondents in both the applications warrant no interference by this court, more particularly having regard to the fact that the sessions judge came to the conclusion that the investigation was not carried out in the right direction," the high court observed. [TOI]