906-CRMA-49-2026.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO.49/2026 IN CRIMINAL APPEAL NO.296/2026 (F) YASIN KASIM SHAIKH … APPLICANT Versus STATE OF GOA THR. CENTRAL BUREAU OF INVESTIGATION/ACB/GOA … RESPONDENTS Ms Vaibhavi Kanekar, Advocate for the Applicant. Ms Asha Desai, Special Public Prosecutor for Respondent CBI. CORAM: ASHISH S. CHAVAN, J. DATE : 6th MAY 2026 P.C.: 1. An oral request is made on behalf of the Applicant/ Appellant to modify the Order dated 30.04.2026 passed by this Court in Criminal Misc. Application No.297/2026 (F) (now numbered as CRMA No.49/2026) inter alia suspending the sentence against the Applicant/Appellant on the terms and conditions set out in the said Order. 2. Upon notice, learned Special Public Prosecutor for Respondent No.1-CBI appears. Heard Ms Vaibhavi Kanekar for 6th May 2026 906-CRMA-49-2026.DOC the Applicant/Appellant and Ms Asha Desai, learned Special Public Prosecutor for Respondent No.1-CBI. 3. Learned counsel for the Applicant submits that the condition at para 11(d) reads as under: “(d) he Applicant shall not leave the jurisdiction of this Court and the territory of India without the prior permission of this Court until the conclusion of the Appeal.” 4. It is submitted that the Applicant/Appellant is a permanent resident of Kolhapur, Maharashtra as relected in the cause title of the Appeal. In view thereof, the condition that the Applicant shall not leave the jurisdiction of this Court would not only cause immense hardship to the Applicant/Appellant, but also would be an onerous condition imposed by this Court. In view thereof, counsel for the Applicant prays that this condition may be deleted. She further submits that the Applicant/Appellant is ready and willing to abide by alternative condition if any, imposed by this Court. 5. Learned Special Public Prosecutor for Respondent No.1- CBI has opposed the prayer for modiication on the principal ground that the objective of the bail condition is to secure presence of the Applicant/Appellant and if the aforesaid condition is deleted, there is an apprehension that the Applicant might abuse the conditions of bail and not be available for the proceedings of the Appeal. It is strenuously submitted by her that 6th May 2026 906-CRMA-49-2026.DOC interest of justice would be served if the passport of the Applicant/Appellant is directed to be deposited with the Registry of this Court as a condition precedent for suspension bail. 6. Considering the rival submissions at the bar, in an efort to strike a balance between the rights of the Applicant/Appellant, on one hand, and the legitimate apprehension of the Respondent No.1-CBI on the other, following modiication in the aforesaid Order would serve the ends of justice. 7. he operative part of the order is modiied in terms of the following: (a) he sentence imposed by the Special Court, Principal Sessions Judge, North Goa vide order dated 09.02.2026 is suspended until the inal disposal of the Appeal subject to deposit of Rs.50,000/- towards the ine amount in the Special Court, Principal Sessions Judge, North Goa within a week from the date of this Order. (b) he Applicant is directed to be released on bail on his executing P. R. Bond of Rs.10,000/- with one surety in the like amount to the satisfaction of the Special Court, Principal Sessions Judge, North Goa within four weeks from the date of this Order. (c) he Applicant shall inform the place of his residence to the Registry of this Court with valid proof thereof and report any changes in the same immediately with appropriate proof. 6th May 2026 906-CRMA-49-2026.DOC (d) he Applicant shall not leave the territory of India without prior permission of this Court till the conclusion of the Appeal. (e) he Applicant to deposit passport, if any, with the Registry of this Court. 8. he Order dated 30.04.2026 stands modiied in the aforesaid terms. Necessary corrections to be carried out in the original order as well as in the order uploaded on the website. ASHISH S. CHAVAN, J. 6th May 2026 Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 06/05/2026 16:13:16