Godfrey Peter Dcunha v. the State of Maharashtra
Case brief
What is this about?
Keywords: regular bail; Section 439 Code of Criminal Procedure; Crime No. 73 of 2020, Palghar Railway Police Station, Mumbai Railway; IPC Sections 306, 377, 201 r/w 34; SC/ST (Prevention of Atrocities) Act Sections 3(2)(5) and 6; POCSO Act Sections 4, 5(f), 6, 7, 8, 9(f), 10, 11, 12; delayed FIR - assaults 2007-2012, FIR lodged 2020 after 8 years; suicide on 01.04.2016 about 2 years after leaving accused's school; no incidence proximate to suicide; doubt whether Section 306 IPC attracts; charge-sheet filed; no corroborating statements from fellow students; P.R. Bond Rs. 25,000 with one solvent surety; conditions - monthly police-station attendance, no tampering, liberty to State to seek cancellation, regular trial attendance; Judge Anil S. Kilor; High Court of Judicature at Bombay; decided 28 November 2024.
What did the court decide?
Applicant Godfrey Peter Dcunha ordered to be released on bail in Crime No. 73 of 2020 (Palghar Railway Police Station, Mumbai Railway) for offences under Sections 306, 377, 201 r/w 34 IPC, Sections 3(2)(5) and 6 of the SC/ST (Prevention of Atrocities) Act, 1989, and Sections 4, 5(f), 6, 7, 8, 9(f), 10, 11 and 12 of the POCSO Act, on furnishing a P.R. Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount; conditions: (iii) attend concerned Police Station on 1st day of every month between 10.00 a.m. to 11.00 a.m. till conclusion of trial except on the date of trial; (iv) not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and not tamper with the evidence; (v) liberty to the State to apply for cancellation of bail in case of breach of condition or if the applicant commits similar offence; (vi) attend trial before the trial Court regularly on every date unless exemption is granted by the trial Court.