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IN THE HIGH COURT OF BOMBAY
M.S.Karnik, J.
Akshay Bhove - Appellant
Versus
State of Goa - Respondent
Criminal Application (Bail) Nos. 498, 499 and 500 of 2023 (F)
Decided On : 17-07-2023
BAIL - IPC OFFENCES - The court granted bail to the applicants charged under various sections of the IPC, emphasizing the principle of parity with a previous case. The court highlighted the importance of conditions to prevent tampering with evidence and ensuring the applicants' presence at trial, reflecting a balanced approach to the rights of the accused and the interests of justice.
Fact of the Case:
The applicants sought bail for alleged offences under Sec. 143, 147, 148, 324, and 302 read with Sec. 149 of the IPC, related to an incident on 14/7/2022, with one applicant being the prime accused attributed a specific role in the victim's death.
Finding of the Court:
The court found that the applicants were in a similar position to a previously granted bail case and thus deserved bail on the same grounds. The court imposed specific conditions to ensure compliance and prevent interference with the trial.
Issues: Whether the applicants should be granted bail considering the serious nature of the charges and their alleged involvement in the crime.
Ratio Decidendi: The court applied the principle of parity in granting bail, indicating that similar cases should be treated alike unless there are compelling reasons to differentiate. The conditions imposed were aimed at safeguarding the trial process.
Final Decision: The applications for bail were allowed, with the applicants required to furnish a bond and comply with specific conditions regarding their conduct and reporting.
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 sureties in the like amount to the satisfaction of the learned trial Judge.
(iii) The learned counsel for the applicants, on instructions, undertakes that the applicants will reside outside the area of South Goa till the conclusion of the trial and except for the purpose of attending the trial and reporting to I.O., will not enter the area of South Goa.
(iv) It is made clear that on the dates fixed for trial, the applicants will only go to the trial Court and after conclusion of the hearing, immediately remove themselves from the area of South Goa.
(v) The applicants shall not tamper with the evidence, nor influence, induce, threaten or coerce the prosecution witnesses and shall not make any attempt to contact or intimidate them.
(vi) If it is noticed that there is any breach of the conditions imposed, the consequences of cancellation of bail will undoubtedly follow.
(vii) The applicants shall not leave the State of Goa without prior permission of the learned trial Judge.
(viii) The applicant Akshay Bhove shall report to the Panaji Police Station, North Goa, once a week every Monday between 10.00 a.m. and 11.00 a.m. till further orders of the trial Court. Likewise, the applicant Asif Nagarchi shall report to the Panaji Police Station once a week every Wednesday between 10.00 a.m. and 11.00 a.m. The applicant Mohammad Hussain Shaikh shall report to the Panaji Police Station, North Goa, once a week every Friday between 10.00 a.m. and 11.00 a.m. till further orders of the trial Court.
(ix) The applicants shall attend the hearing of the case regularly on the dates fixed by the trial Court.</WXY>
4. The Bail Applications stand disposed of
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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