The Delhi High Court has granted regular bail to a fugitive criminal a Portuguese National who is wanted and accused in a 2017 London pub rape case.
Justice Sanjeev Narula granted regular bail to the fugitive criminal Jose Inacio Cota.
“Considering the aforesaid order and the facts of the case, the Petitioner is admitted to bail on the same terms and conditions specified in para 5 of the interim bail order,” Justice Narula ordered on January 10.
However, the High Court had directed that once the proceedings in FIR registered at P.S. Maina Curtorim, Goa were concluded, the Petitioner shall surrender in the instant complaint case (Extradition case) before the concerned court at Patiala House.
The fugitive criminal had moved a petition through advocate Arpit Batra, Abhilasha and Nihal P Kamat under Section 439 Cr.P.C. read with Section 25 of Extradition Act seeking regular bail in Complain Case titled as Union of India vs. Jose Inacio Cota.
It was argued that the fugitive criminal can’t be extradited as a criminal case was pending against him in Goa.
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The counsel for the Central Government had submitted that in view of Section 31(d) of the Extradition Act, extradition is not possible till the criminal case registered at PS Maina Curtorim, Goa in 2021 is not disposed of.
The Central Government had also filed a response stating that the petitioner/fugitive criminal may be released on bail, till he has been discharged, whether by acquittal or on the expiration of his sentence, in a pending criminal case arising out of FIR registered at the Police Station
Maina Curtorim pending trial in the Court of Civil Judge Junior Division and Judicial Magistrate First Class Margao, Goa, on strict conditions.
The High Court had granted interim bail to Cota petitioner on furnishing a personal Bond of Rs one lakh with one lakh surety amount.
The High court had directed the petitioner to surrender his passport. He shall report to the local police station of Goa every Friday at 05:00 PM.
It was also directed that he shall remain within the territory of Goa. He shall not leave the state of Goa without giving intimation to the concerned court at Goa. The petitioner shall not travel abroad without permission of the trial Courts in New Delhi.
