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2021 Supreme(Bom) 606

M.S.JAWALKAR
Tushar Dalai – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Vibhav Amonkar, Advocate, Pravin Faldessai, Advocate

JUDGMENT

M. S. Jawalkar, J. - Heard Mr. Vibhav Amonkar, learned Counsel for the applicant and Mr. Pravin Faldessai, the learned Additional Public Prosecutor, for the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail.

3. The applicant has been arrested by the respondent no.1- Calangute Police Station, in Crime No.152/2020 under Sections 143, 144, 147, 148, 307 and 302 of the Indian Penal Code.

4. It is the case of the prosecution that on 31.07.2020, there was a fight between two rival persons resulting in death of an individual and injury to another, thereby leading to two complaints of the rival groups.

5. The learned Additional Public Prosecutor, Mr. Pravin Faldessai submitted that the offence is of serious nature and if the applicant is released on bail he may tamper with the witnesses. Learned Additional Public Prosecutor also states that he is not having any fixed address in Goa and if he is released on bail, there is every possibility that the accused- applicant may jump bail and may not be available at the time of trial.

6. On going through the complaint and supplementary statement, there is no mention of name

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