On 13 June 2010 15:23, Aires Rodrigues <[email protected]> wrote:
> WILL LYNDON'S ANTICIPATORY BAIL APPLICATION BE DISMISSED ON TECHNICAL > GROUNDS ITSELF? > > The Anticipatory bail application filed by Mr. Lyndon Monteiro, OSD to > former Tourism Minister Mr. Micky Pacheco who has been made an accused in > the Nadia Torrado's death case will come up for hearing before Justice U.D > Salvi of the Bombay High Court at Goa on June 14th. The South Goa Sessions > Court last week had rejected Lyndon Monteiro's anticipatory bail > application. > > An Anticipatory bail application can be filed under Section 438 of the > Criminal Procedure Code only by the person anticipating arrest. But > strangely in Lyndon's case the application before the High Court has been > filed by his mother, which is not in accordance with the High Court rules. > On this technical ground itself the application may be dismissed outright. > > > Sources have revealed that Lyndon's anticipatory bail application has been > styled as an application under Section 439 of Criminal Procedure Code. As > an > application under Section 439 is by someone already in custody it can be > moved by a family or friend on behalf of the accused. > > So why was Lyndon Monteiro's anticipatory bail application wrongly styled > as > an application under Sec 439 when it should have been under Sec 438. Was it > to overcome the technical objection that would have been raised by the High > Court registry which scrutinizes all applications before registering them?. > Was it an attempt to mislead the High Court registry. All this would be > clear when Lyndon’s anticipatory bail comes for hearing on Monday 14th June > at 10.30 am. > > Aires Rodrigues > T1 - B30, Ribandar Retreat > Ribandar - Goa - 403006 > Mobile: 9822684372 > COMMENT: Too much jiggery-pokery goes on in Goa - they hope that their underhand schemes will go unnoticed. The same will also apply to Pacheco - he will have to appear in person! I am glad we have an advocate activist keeping these guys in check. -- DEV BOREM KORUM Gabe Menezes.
