Allowed

Sadiq Bellary (Presently in Central Jail Colvale), through His Next Friend Peersab Bellary v. State of Goa, through Police Inspector, Maina Curtorim Police Station

Bombay HC19 Jun 2023CRMAB/11/2023

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa granted bail to the applicant accused in a murder case. The court considered the applicant's antecedent and the fact that the fatal injury was caused by another accused, concluding release was appropriate despite the long anticipated trial.

What did the court decide?

The applicant is directed to be released on bail upon furnishing a P.R. Bond of ₹25,000/- with one or two sureties in the like amount to the satisfaction of the learned trial Judge.

Sadiq Bellary (Presently in Central Jail… — Murder and Culpable Homicide | Bombay HC (2023)

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01-CRMAB-11-2023.DOC

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Andreza

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IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION (BAIL) NO. 11 OF 2023 (F)

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Sadiq Bellary (Presently lodged in Central Jail, Colvale) through his next friend Peersab Bellary

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… Applicant

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Versus

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State of Goa, Thr. Public Prosecutor, Maina …Respondent Curtorim Police Station

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Mr. Ryan Menezes, Advocate with Ms. Stephanie C. Alvares, Advocate for the Applicant.

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Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondents-State.

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CORAM: M. S. KARNIK, J DATED: 19^th JUNE 2023

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ORAL ORDER

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1. Heard learned Counsel for the applicant and the learned Additional Public Prosecutor for the respondent-State.

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2. This is an application for bail. The offences alleged against the applicant are under section 302 read with section 34 of the Indian Penal Code (IPC) registered vide FIR No. 89/2020 of Maina Curtorim Police Station, South Goa.

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3. The applicant is the accused no.2. The date of the incident is 28.05.2020. It is alleged that at about 23.00 hours, the accused who are two in number, were having a verbal heated argument with deceased Muzahid Khan and Javed Panwale. Pursuant to the

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Page 1 of 4 19^th June 2023

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01-CRMAB-11-2023.DOC

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arguments, the present applicant (accused no.2) took out an iron rod and tried to assault Javed. Javed was successful in avoding the blow and in turn snatched the iron rod from the accused no.2 and gave a blow to accused no. 2 with the said iron rod. The applicant was aggressive. The accused no.1 left the spot and came back with a knife and stabbed Muzahid with the knife as a result of which he succumbed to the injuries. The applicant was arrested on 28.05.2020 and he is in custody for more than two years. So far as the trial is concerned, it has not commenced. It is indicated that in all there are 47 witnesses are to be examined. Only eight witnesses have been examined so far. The trial in such circumstances is likely to take a long time to conclude.

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4. Learned Public Prosecutor vehemently opposed the application for bail. He stated that there is one criminal antecedent reported against the applicant vide Cr. no. 77/2019 under sections 504, 341, 324, 323, 427, 506(ii) read with section 34 of IPC of the Maina Curtorim Police Station and which is pending trial before the learned JMFC, Margao, since the year 2019.

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5. In my opinion, the fact that the applicant has an antecedent of the nature as stated, may not be sufficient to deprive the applicant of the facility of bail in the present application.

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Page 2 of 4 19^th June 2023

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01-CRMAB-11-2023.DOC

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6. Taking an over all view of the matter and the fact that the stab injury is attributed to the accused no.1 and not the present applicant and the fact that the trial is likely to take a long time to conclude, with the applicant in pre-trial custody over a period of more than two years, the applicant can be released on bail considering his role.

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7. The application for bail is allowed. Accordingly, the following order is passed :

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ORDER

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(i) The applicant is directed to be released on bail in respect of C.R. No. 89/2020 registered at the Maina Curtorim Police Station, upon furnishing a P.R. Bond of ₹25,000/- with one or two sureties in the like amount to the satisfaction of the learned trial Judge.

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(ii) The applicant shall attend the hearing of the case regularly on the dates fixed by the trial Court.

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(iii) The applicant 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.

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Page 3 of 4 19^th June 2023

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01-CRMAB-11-2023.DOC

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(iv) The applicant shall report to the Maina Curtorim Police Station once a week on every Sunday between 10.00 a.m. and 11.00 a.m. till further orders of the trial Court.

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(iv) The applicant shall not leave the State of Goa without prior permission of the learned trial Judge.

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8. The Bail Application stands disposed of.

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M. S. KARNIK, J

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Digitally signed by ANDREZA ANDREZA PEREIRA PEREIRA Date: 2023.06.19 19:07:30 +05'30'

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Page 4 of 4 19^th June 2023

Sadiq Bellary (Presently in Central Jail Colvale), through His Next Friend Peersab Bellary v. State of Goa, through Police Inspector, Maina Curtorim Police Station

Case brief

What is this about?

What did the court decide?

Sadiq Bellary (Presently in Central Jail Colvale), through His Next Friend Peersab Bellary v. State of Goa, through Police Inspector, Maina Curtorim Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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