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2023 DIGILAW 1528 (BOM)

Akshay Bhove v. State of Goa

2023-07-17

M.S.KARNIK

body2023
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. (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