The court considered the length of custody, lack of criminal antecedents, and the likelihood of a delayed trial in granting bail to the applicant.

JUDGMENT

1. Leave to amend. Amendment to be carried out forthwith.

2. Heard Mr. R. Desai, learned Advocate for the applicant and Mr. M. Amonkar, learned Addl. Public Prosecutor for the respondents.

3. This is an application for bail for the offence punishable under Sec. 302, 201 and 120B of the IPC. The applicant is accused no.4. On 17/1/2019 the body of the deceased was found in Anmod ghat. Death was due to strangulation. It was found that acid was poured over the face of the deceased to deface the deceased to conceal his identity.

4. During the course of investigation, it was revealed that accused no.1 who happened to be the wife of deceased was having an extramarital affair with respondent no.2. Services of respondent no.2 were engaged for eliminating the deceased. The car which was used for ferrying the deceased belonged to the applicant. The car was recovered at the instance of the applicant.

5. Mr. Amonkar, learned Addl. Public Prosecutor tried to contend that in view of the invocation of Sec. 120B of the IPC, this is a case where all the accused conspired together to kill the the deceased and therefore, the applicant should not be released on bail. It is further submitted that the car which was used for the commission of the offence belongs to the applicant.

6. The applicant was arrested on 18/2/2019. The applicant is now in custody for almost four years and two months. The trial has commenced. The prosecution intends to examine 64 witnesses or may be fewer as submitted by Mr. Amonkar, learned Addl. Public Prosecutor. Up to now, 14 witnesses are examined. Though trial has commenced, it appears that the trial is likely to take a long time to conclude looking at the number of witnesses. The only material against the applicant is the recovery of the car and recovery of the clothes which he was wearing at the time of the alleged commission of the offence. The main allegations are against accused nos. 1, 2 and 3. It is made clear that I have dealt with the application only insofar as the present applicant is concerned considering the material against the applicant. The case rests on circumstantial evidence. The applicant is in custody for almost four years and two months and there is no possibility of trial being concluded soon. The applicant can be released on bail. There are no criminal antecedents against the applicant. The applicant does not appear to be a flight risk.

7. Hence the following:-

a. The applicant shall be released on bail in connection with FIR No.2/2019, registered at the Collem Police Station, on furnishing PR bond of Rs.25,000.00 with one or two sureties in the like amount to the satisfaction of the trial Court.

b. The applicant shall report to the P.I, Collem Police Station once in a month on every Monday between 11.00 am to 1.00p.m till completion of the trial.

c. The applicant shall not indulge in any activity that would amount to tampering with evidence and influencing witnesses.

d. The applicant shall not leave State of Goa without permission of the trial Court.

e. The applicant shall attend the trial before the trial Court regularly.

8. It is made clear that the observation made by me is for the limited purpose of considering the bail application. The trial shall proceed in accordance with the law. The trial Court shall decide the matter on its own merits without being influenced by the observations made herein.

9. Application stands disposed of.