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M. S. KARNIK
Rajesh Kerkar – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
1. Heard Mr. V. Amonkar, learned counsel for the applicant and Mr. N. Vaze, learned Addl. Public Prosecutor for the respondents.
2. This is an application for bail for the offence under punishable under Sec. 143, 147, 148, 307 r/w 149 of IPC and Sec. 25 of the Arms Act registered with Anjuna Police Station vide FIR No. 161/2022 dtd. 1/10/2022. It is alleged that the applicant with 15 other accused is responsible for stabbing Ravi Shirodkar. The applicant and the other accused are alleged to have abused Ravi Shirodkar. Mr. N. Vaze, learned Addl. Public Prosecutor vehemently opposed the bail application mainly on the ground that the applicant was present when the assault took place. According to learned Addl. Public Prosecutor, the applicant was actively involved along with the main assailant. It is next submitted by Mr Vaze, that the applicant is a history sheeter, for as many as 12 cases are registered against him including the present one.
3. A perusal of the FIR reveals that the main assailant is one Mr. Tarzan Parsekar. Ravi Shirodkar was assaulted by Tarzan Parsekar and Sagar Xetrapal Patil. There is no overt act attributed to the accused. The applicant is in custod
The presumption of innocence and the right to bail are fundamental principles in criminal law, which can only be overridden by compelling reasons, such as the risk of flight or tampering with evidenc....
The court established that prolonged detention without trial, alongside the nature of the injuries and the status of co-accused, can justify the granting of bail, reinforcing the presumption of innoc....
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 main legal point established is that the addition of Section 120(B) of the IPC does not automatically imply the applicant's involvement as a conspirator, and bail decisions should consider the in....
The court may grant bail based on the lack of specific mention of the applicant's involvement in the complaint and supplementary statement, and the existence of bail for other accused, despite the se....
The court may grant bail to an accused considering the length of time in custody and the progress of the case.
Bail should ensure the accused's attendance at trial, not serve as punitive action, highlighting the principle of presumption of innocence.
The principle of parity in bail applications allows for similar treatment of accused individuals in comparable circumstances, provided that appropriate safeguards are in place to protect the integrit....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
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