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IN THE HIGH COURT OF BOMBAY
Prakash D.Naik, J.
Tarzan Parsekar - Appellant
Versus
State of Goa - Respondent
Criminal Misc. Application (Bail) Nos. 502 and 520 of 2023 (Filing)
Decided On : 08-08-2023
BAIL - IPC OFFENCES - The court granted bail to the applicants charged under various sections of the IPC and the Arms Act, considering their prolonged custody, the nature of injuries sustained by the victim, and the fact that other co-accused were already on bail. The court emphasized the need for a fair trial and the presumption of innocence, while also imposing conditions to mitigate risks of absconding or tampering with evidence.
Fact of the Case:
The applicants sought bail in connection with FIR no.161/2022 for offences under IPC and the Arms Act, following their arrest for allegedly assaulting a victim with a knife. They had been in custody for about ten months, while the trial was expected to take longer.
Finding of the Court:
The court acknowledged the applicants' lengthy detention and the relatively minor nature of the injuries to the victim, alongside the fact that other accused were granted bail. Despite the applicants' criminal antecedents, the court found sufficient grounds to grant bail under specific conditions.
Issues: Whether the applicants should be granted bail considering their criminal history, the nature of the alleged crime, and the duration of their custody.
Ratio Decidendi: The court held that prolonged custody without trial, combined with the nature of the injuries and the status of co-accused, warranted the granting of bail, emphasizing the principle of presumption of innocence and the right to a fair trial.
Final Decision: The court granted bail to the applicants with specific conditions to ensure their presence during the trial and to prevent any interference with the investigation.
JUDGMENT/ORDER
1. Heard Mr. Lotlikar, learned Senior Advocate and Mr. Amonkar, learned counsel for the applicants and Mr. Bhobe, learned Public Prosecutor for the respondents-State.
2. The applicants are seeking bail in connection with FIR no.161/2022 registered with Anjuna Police Station for offences punishable under Ss. 143, 147, 148 and 307 read with Sec. 149 of the Indian Penal Code (IPC) and Sec. 25 of the Arms Act.
3. The case of prosecution is that the injured was assaulted by accused with knife. Several persons were involved in crime. Several persons were arrested. On completing investigation, chargesheet was filed.
4. The applicant in Criminal Application (Bail) no. 502 of 2023 was arrested on 1/10/2022 whereas the applicant in Criminal Application (Bail) no. 520 of 2023 was arrested on 3/10/2022.
5. Learned Senior Advocate Shri Lotlikar and learned counsel Shri Amonkar appearing for the applicants submitted that the applicants are in custody for a period of about ten months. Although it is alleged that the injured was assaulted with knife, the injuries were not serious. Injured was discharged from the hospital after two days. Trial would not be over within short span of time.
6. Per contra, learned Public Prosecutor submitted that although the applicants are in custody for a period of about ten months, the criminal antecedents of applicants needs to be taken into consideration. The applicant in Criminal Application (Bail) No. 502 of 2023 is involved in seven cases in the past, out of which one case had resulted in conviction and appeal challenging the judgment is pending in this Court, wherein he is granted bail. The past case includes the offence under Sec. 307 of IPC. The applicant in Criminal Application (Bail) No. 520 of 2023 is involved in two cases which are pending for trial including the case for an offence under Sec. 307 of IPC.
7. Pursuant to registration of FIR, about 15 persons were arrested. Except the applicants, all others are on bail. It is true that there are criminal antecedents against the applicants but the fact remains that they are in custody for a period of about ten months and it is not clear as to when the trial would commence and would be concluded. Considering the nature of injuries, the fact that all the other accused persons are on bail and period of incarceration, bail can be granted to the applicants on certain conditions. Hence, the following order is passed :
ORDER
(ii) The applicants shall not enter North Goa District during the pendency of the trial except for attending the trial and Investigating officer.
(iii) The applicants shall furnish residential address where they will presently stay and all contact details along with their mobile numbers to the Trial Court as well as the Investigating Officer. The applicants shall inform about any change in residential address or contact details to the trial Court as well as the Investigating Officer.
(iv) The applicants shall not leave the State of Goa without prior permission of the trial Court.
(v) The applicants shall report to the Anjuna Police Station once in 15 days on every alternate Thursday of the month commencing from 10/8/2023 between 11.00am to 12.00 noon till the trial is concluded.
(vi) The applicants shall not indulge in any activity that would amount to tampering with evidence and influencing witnesses.
(vii) The applicants shall attend the hearing regularly on the dates fixed by the trial Court.
(viii) In the event the applicants are found involved in any other case, the prosecution will be at liberty to move the Court for cancellation of bail.
(ix) Application stands disposed of.
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The main legal point established in the judgment is that the court may grant bail with stringent conditions, taking into account the nature of the allegations, the petitioner's criminal antecedents, ....
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