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Bombay High Court

FRANCISCO FERNANDESversusTHE STATE OF GOA THR THE POLICE INSPECTOR AND ANR

Disposal
Allowed

Holding

The Court held that there was no prima facie case against the applicant and therefore granted pre‑arrest bail under Section 482 of the BNSS.

Summary

The applicant, Francisco Fernandes, was implicated in alleged forgery of land‑record mutation documents concerning three properties in Colva, based on a complaint by family members. He applied for pre‑arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after an anticipatory bail petition was rejected. The prosecution argued that custodial interrogation was necessary to identify the person who impersonated the applicant before a notary. The Court examined the FIR, noting that the allegations stemmed from a family dispute and that the applicant was abroad during the period the forged documents were allegedly prepared, finding no prima facie case. It held that custodial interrogation would not aid the investigation and that the applicant could be secured without arrest. Consequently, the Court granted pre‑arrest bail with conditions.

Issues considered

  • Whether the applicant is entitled to pre‑arrest bail under Section 482 BNSS in view of the alleged forgery offences.
  • Whether custodial interrogation of the applicant is necessary for the investigation.

Legislation cited

Subjects

  • pre‑arrest bail
  • anticipatory bail
  • Section 482
  • forgery
  • land record mutation
  • family dispute
  • criminal procedure

Judgment

2026:BHC-GOA:1729
                                               CRMAB-28-2026

                Andreza


                             IN THE HIGH COURT OF BOMBAY AT GOA
                     CRIMINAL MISC.APPLICATION (BAIL) NO. 28 OF 2026

               Francisco Fernandes                                … Applicant

                                  Versus
               The State of Goa thr the Police Inspector
               & anr.                                             ...Respondents

                Mr. Sahil Sardessai, Advocate with Ms. Sweta Pereira, Advocate
                for Applicant.

                Mr. S. Karpe, Additional Public Prosecutor with Ms. Riddhi
                Shirodkar, Advocate for Respondents-State.

                              CORAM :            S. G. CHAPALGAONKAR, J.

                                DATE :           25th AUGUST 2026


                ORDER

                1.         The Applicant seeks pre-arrest bail under Section 482 of the

                Bharatiya Nagarik Suraksha Sanhita, 2023, (‘BNSS’) in relation with

                Crime No. 33 of 2026, dated 06.06.2026 and registered before the

                Fatorda Police Station, South Goa, Margao, for offences punishable

                under Sections 229(1), 233, 319(2), 336(3) and 340 read with Section

                61(2) of BNSS.


                2.        The investigation was set on motion on the basis of the

                information given by one Royson Da Costa and Mrs. Gayle Diniz,

                alleging that in September 2024, informants checked the Record of Rights


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                                CRMAB-28-2026


of three properties of Survey Nos. 129/3, 129/8 and 129/9 of Village Colva,

Salcete, Taluka, on which they learnt that Dyllan Robin Diniz and Melissa

Aida Fernandes, had mutated their names in the column of occupants in

Record of Rights behind back of the informant. On inquiry with the office

of the Mamlatdar as regards to aforesaid mutation, it was revealed that the

mutations were purportedly signed by Mr. Dyllan Robin Diniz and also

filed affidavits purportedly sworn by him in Margao, in each of the

said three mutation cases. Each of the mutation applications and

supporting affidavits, were filed between 05.07.2024 to 16.08.2024. It

is accordingly revealed that the Accused No. 1 and Accused No. 2,

presently residing in United Kingdom (UK), submitted mutation

applications containing forged signatures to include their names in Land

Records at the Office of Mamlatdar, Margao. The Accused No.4 and

Accused No. 5 unlawfully notarised false affidavits and supporting

annexures certifying physical presence of Accused No. 1.


3.    In pursuance to the aforesaid complaint, Crime no. 33 of 2026 came

to be registered with Fatorda Police Station for all above referred offences.


4.    It is contention of the Applicant that on 17.06.2026, when police

personnel visited the Applicant's residence to serve a notice under

Section 35 of the BNSS, the Applicant has immediately filed

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                               CRMAB-28-2026


Anticipatory Bail Application No. 63 of 2026 before Additional Sessions

Judge-I, South Goa, which came to be rejected vide Order dated

17.07.2026. Hence this application.


5.    Mr. Sahil Sardessai, learned Advocate appearing for Applicant,

would submit that Applicant resides in UK in pursuance of his employment.

He has been falsely implicated in the aforesaid crime. There is partition

dispute amongst the family of the Applicant and informant. The only

allegation employed against the Applicant is that Applicant applied on

18.03.2024 for previous mutation records of Survey No. 129/3 and 129/8 at

Office of Mamlatdar showing Melissa’s address as owner and approached

Mrs. Savita Kurtarkar to notarise certain annexures to mutation. There are

no allegations of forging any signatures or sworn any false affidavits of

impersonating anyone.     The Applicant’s passport records immigration

stamp of departure from India dated 18.06.2024 and entry to Ireland on

19.06.2024. He returned to India on 29.11.2024. It is therefore evident that

the Applicant was outside India from 18.06.2024 to 29.11.2024. As such,

the Applicant cannot be held liable for preparing false affidavits pursuant

thereto.


6.    Per contra, Mr. S. Karpe, learned Additional Public Prosecutor,

vehemently opposed this application. Contending that grant of bail to


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Applicant would hamper ongoing investigation. Custodial interrogation

of the Applicant is essential to ascertain the identity of the person who

impersonated and appeared before the Notary as well as to effect recovery of

the forged documents allegedly prepared by Applicant.


7.      On perusal of the document tendered into service it reveals that

contents of FIR itself demonstrates dispute between the family of Applicant’s

wife and her brothers.     Applicant is brother-in-law of Accused No. 2. The

allegation against the Applicant is that he obtained certified copies

relating to previous mutations and used those documents in the mutation

application filed in the name of Applicant No. 1. From these allegations,

prima facie, no case for alleged offences can be made out against the

Applicant. The entire case is based on documentary evidence. Custodial

interrogation of the Applicant would not, in any manner, facilitate the effective

investigation.   The presence of the Applicant can be secured for collecting

information without arrest. There are no criminal antecedents to discredit

Applicant. In that view of the matter, case is made out to grant pre-arrest bail.

Hence, following Order :


        (a)   In the event of arrest of Applicant in connection with C.R.
        No.33 of 2026 registered with Fatorda Police Station, South Goa,
        Margao, the Applicant is directed to be released on bail on
        furnishing P. R. Bond in the sum of Rs.50,000/- with one or two
        solvent sureties in the like amount to the satisfaction of Police
        Inspector of concerned Police Station.


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                                                                    CRMAB-28-2026

                                         (b)   The Applicant shall attend concerned Police Station as and
                                         when called till filing of chargesheet and shall cooperate with the
                                         investigation.

                                         (c) Applicant shall furnish his cell phone number and residential
                                         address to the Investigating Officer and shall keep the same
                                         updated, in case of any change thereto.

                                         (d)   The Applicant shall not directly or indirectly make any
                                         inducement, threat, or promise to any person acquainted with the
                                         facts of the case so as to dissuade such a person from disclosing
                                         the facts to the Court or any Police personnel.

                                         (e) The Applicant shall not tamper with the prosecution evidence
                                         and shall not contact or influence the Complainant or any witness
                                         in any manner.

                                         (f)   In case, the Applicant violates the terms and conditions of
                                         bail, including the undertaking, it would be open to the
                                         prosecution to seek cancellation of bail.



                                 8.     The Anticipatory Bail Application is disposed of accordingly.




                                                                    S. G. CHAPALGAONKAR, J.




                                                                     Page 5 of 5
                                                                   25th August 2026


Signed by: ANDREZA PEREIRA
Designation: Senior Private Secretary
to the Hon'ble Judge
Date: 27/08/2026 16:13:16


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