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2023 DIGILAW 1698 (BOM)

Tarzan Parsekar v. State of Goa

2023-08-08

PRAKASH D.NAIK

body2023
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. 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 (i) The applicants are directed to be enlarged on bail in FIR No. 161/2022 registered with Anjuna Police Station, upon them furnishing a PR bond each in the sum of Rs.25,000.00 with one or more surety/sureties in the like amount to the satisfaction of the Trial Court. (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.