Back
M. S. KARNIK
Cajetan Fernandes – Appellant
Versus
State – Respondent
JUDGMENT
M.S.KARNIK, J. - Heard learned counsel for the applicant.
2. This is an application for bail for offence punishable under Sec. 302 of Penal Code, 1860. The date of the FIR is 8/3/2017 registered with the Calangute Police Station, North Goa. The applicant is in custody for almost 6 years. The trial has commenced and 3 witnesses are examined. The witnesses are pancha witnesses. There are in all 33 witnesses to be examined. Learned Public Prosecutor while opposing the application for bail submitted that there is adequate material against the applicant in the chargesheet to show his complicity with the offence in question. It is submitted by him that there are eye-witnesses. Two of the eye-witnesses have expired. In any case according to him there are eyewitnesses whose statements have been recorded under Sec. 161 of Cr. P.C. and they have categorically stated that it is the applicant who is the author of the injuries.
3. I have gone through the version of the eye-witness dtd. 8/3/2017 who is the complainant. The incident happened on 8/3/2017 at around 01 : 00PM. The deceased was the conductor of business of the bar where the applicant was coming daily for taking drinks. It seems
Prolonged pre-trial detention without prior criminal history can be a significant factor in granting bail, provided that conditions are imposed to safeguard the integrity of the trial.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The court may grant bail to an accused considering the length of time in custody and the progress of the case.
The seriousness of the charges and the distinct role of the applicant in the crime outweighed the claim of parity with co-accused, leading to the rejection of the bail application.
The court granted bail based on the absence of weapons, lack of witness intimidation, and the delay in trial not attributable to the petitioners.
Point of Law : Rejection of Bail - Several of co-accused are still absconding - There is a likelihood of applicant also jumping bail and flee from justice since many of his associates are yet to be a....
The right to a speedy trial is a fundamental principle that can influence the granting of bail, particularly in cases of prolonged detention without trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
