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M. S. KARNIK
Akshay Bhove – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
1. Heard learned Counsel for the applicants and the learned Additional Public Prosecutor for the respondents-State.
2. These are applications for bail for the alleged offences under Sec. 143, 147, 148, 324 and 302 read with Sec. 149 of the Indian Penal Code (IPC) registered vide FIR No. 93/2022 of the Margao Town Police Station, in respect of an incident that took place on 14/7/2022.
3. Learned counsel for the applicants relied upon the order dtd. 19/6/2023 passed by this court in the case of Suresh Jalgar (Presently lodged in Central Jail) vs. State of Goa & anr.,CRMAB(F) No. 340 of 2023.
The accused no.1 is the prime accused who has been attributed a specific role in respect of the offence leading to the death of the victim. So far as the present applicants are concerned, the applicants are in the same position as that of Suresh Jalgar. On parity, even the present applicants deserve to be released on bail. Hence, the following order :
<WXY>ORDER
(i) The applications are allowed.
(ii) The applicants are directed to be released on bail in respect of C.R. No. 93/2022 registered at the Margao Police Station, upon each furnishing a P.R. Bond of Rs.25,000.00 with one or two
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
The court established that delays in filing an FIR and the absence of explanations can be critical factors in determining bail applications under Section 439 Cr.P.C.
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 may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The principle of parity and consideration of the seriousness of offenses, lack of victim witnesses, completion of investigation, and absence of criminal antecedents influenced the court's decision in....
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