IMPORTANT POINT
The court established that the absence of corroborative evidence and the nature of injuries can influence the decision to grant bail, even in serious criminal cases.

JUDGMENT/ORDER

1. The applicant is arrested on 13/7/2023 in connection with FIR No.106/2023 registered with Anjuna Police Station for offences under Ss. 143, 147, 148, 504, 427, 307 r/w Sec. 149 of Indian Penal Code and Sec. 25 of Arms Act.

2. The case of the prosecution in short is that on 12/7/2023 the applicant and his associates had entered the bar of the complainant and demanded drinks. On refusal, the applicant abused the complainant and his staff. The complainant was assaulted. The applicant fired at the staff of the complainant with a firearm.

3. The applicant was arrested and produced before the concerned Court for remand. Initially, he was remanded to police custody and subsequently to jail custody. The applicant preferred application for bail before the Court of Sessions at Panaji which has been rejected vide order dtd. 25/7/2023.

4. Learned advocate for the applicant submitted that the applicant is in custody from 13/7/2023. The investigation is completed. The applicant is in jail custody. Cross complaint was lodged at the instance of the applicant. Neither the complainant nor any other person suffered any serious injuries. The case of the prosecution that the applicant had fired at witness from firearm is not corroborated by any evidence. Although the applicant was shown to be involved in several cases, most of the cases have resulted in acquittal or 'C' summary report. Two cases are pending before the Court for trial. The applicant is willing to stay out of Bardez Taluka.

5. Learned Additional Public Prosecutor, Mr Faldessai, submitted that chargesheet is yet to be filed. Investigation is in progress. The complainant and the injured person are eyewitnesses to the incident. The complainant had suffered two injuries which is evident from the Hurt Certificate issued by the Directorate of Health Services. The applicant was involved in several cases in the past. He had fired at witness Uday. Empty cartridge was recovered from the spot although bullet mark was not noticed at the spot of the incident.

6. Learned advocate Mr Amonkar appearing for the intervenor in Criminal Miscellaneous Application No.609 of 2023(F) submits that specific role has been attributed to the applicant. The applicant was involved in several cases in the past. FIR No.132/2022 was registered for similar offence wherein the applicant has used firearm. The applicant is habitually flashing the firearm. While on bail in the aforesaid case, the applicant has committed the present crime. There is threat to the life of the complainant and the eye witness, in the event the applicant is released on bail. Applicant is not entitled for bail while investigation is in progress. The applicant has committed this crime while on bail in previous case.

7. The applicant is in jail from 13/7/2023. Apparently, the investigation is over although chargesheet is not filed. From the details provided in the application it is apparent that the applicant is acquitted and in some cases 'C' summary is filed. Two cases are pending in the Court. The complainant had suffered injuries in the nature of abrasions which are of simple nature. There are no bullet marks at the scene of offence to corroborate version of the witnesses that there was firing at one of the witness. Sec. 307 IPC is invoked for firing at witness. Although charge under Sec. 307 is debatable, since chargesheet is yet to be filed at this stage, such finding is not warranted. Further detention of the applicant is not necessary. It is also pertinent to note that the firearm which has been purportedly used during the crime is seized and it is in custody of the police. In the circumstances, on certain terms and conditions the applicant can be directed to be released on bail.

ORDER

(i) Criminal application (bail) No.575 of 2023(Filing) is allowed.

(ii) The applicant is directed to be released on bail in connection with FIR No.106/2023 registered with Anjuna Police Station on executing PR bond of ?25,000/- with one or more s