Santosh Kumar Kar, Presently Lodged in Judicial Custody, Colvale, Goa. Vs State of Goa, Thr. Public Prosecutor and Anr. — Bombay HC (2025) — LawSathi Research

Santosh Kumar Kar, Presently Lodged in Judicial Custody, Colvale, Goa. Vs State of Goa, Thr. Public Prosecutor and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive bail relief; the application was dismissed as withdrawn, with counsel stating on instructions that a fresh bail application would be presented before the Sessions Court by 21.07.2025 (the next date of hearing), to be decided uninfluenced by the order dated 09.05.2025 and as expeditiously as possible.

Issue for consideration

Whether the Applicant should be released on bail, given that the trial has taken a long period and the Prosecution has been unable to secure the presence of the two remaining victims, one victim having already been examined.

Court's answer

The Sessions Court is in the best position to assess the Applicant's bail submissions based on its own record and the Prosecution's attempts to secure the two remaining victims, and is better placed to consider the Applicant's case for bail.

Ratio / Principle

If a fresh bail application is filed before the Sessions Court, it shall be considered and decided uninfluenced by the observations in the Sessions Court's order dated 09.05.2025 rejecting the earlier application, taking into account any change in circumstances such as the non-procurement of the victims.

Key takeaways

The Sessions Court may hear and dispose of the fresh bail application as expeditiously as possible.obiter¶24

Detailed headnote1 paragraphs

Bail — Withdrawal of application — Applicant, in judicial custody, sought bail before the High Court of Bombay at Goa after his earlier bail was cancelled, he remained absent from trial for almost two years, was proclaimed an absconder, was taken into custody on 06.12.2024, and his fresh bail application was rejected by the Sessions Court on 09.05.2025. Counsel urged that only one victim had been examined and the Prosecution had been unable to secure the two remaining victims (per I.O.'s communication of 03.02.2025), so the trial was unduly delayed. The Court (Valmiki Menezes, J.) held that the Sessions Court, on its own record and in light of the Prosecution's efforts, was best placed and in a better position to consider the Applicant's case for bail. The application was accordingly dismissed as withdrawn, with liberty to file a fresh bail application before the Sessions Court by 21.07.2025, which the Sessions Court was directed to decide uninfluenced by its observations in the order dated 09.05.2025, considering any change in circumstances such as non-procurement of the victims, and as expeditiously as possible.

2025:BHC-GOA:1172

10 CRMAB 37-2025

Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION (BAIL) NO.37 OF 2025

SANTOSH KUMAR KAR, PRESENTLY LODGED IN JUDICIAL CUSTODY, COLVALE, GOA. ... Applicant.

Versus STATE OF GOA, THR. PUBLIC PROSECUTOR AND ANR. ... Respondents.

Mr. Rohan Dessai with Mr. Ashay Priolkar and Ms. Arya Parrikar, Advocates for the Applicant. Mr. Nikhil Vaze, Additional Public Prosecutor for the Respondents.

CORAM: VALMIKI MENEZES, J. DATED: 14^th July, 2025

P.C:

1. Registry to waive office objections and register the matter.

2. The learned Advocate for the Applicant submits that bail granted to him by order dated 09.05.2025 was cancelled by this Court. Thereafter, the Applicant remained absent during the trial for almost two years, pursuant to which the Trial Court issued a proclamation, proclaiming him to be an absconder. Subsequently, the Applicant was

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taken into custody on 06.12.2024 at which time he filed a fresh bail application which was rejected by the Sessions Court on 09.05.2025. The Applicant further submits that in the meantime, one victim was examined and her examination having been completed, the Prosecution has not been in a position to secure the presence of the other two victims to examine them.

3. It is further submitted that in the meantime, on 03.02.2025, the I.O. has placed on the record of the Sessions Court a communication that despite attempts to serve the two remaining victims who are yet to be examined, the Prosecution has been unable to procure their presence for completing the recording of their evidence. On these grounds, the Applicant presses for release on bail, since the trial has taken a long period of time to complete.

4. Considering the submissions made above, the fact remains that the Sessions Court would be in the best position to assess the submissions, based on its own record and based on the attempts made by the Prosecution to secure the presence of the two victims. It appears that apart from the two victims, the other witnesses that remain to be examined are the panch witnesses or investigating agencies. Considering these facts, the Sessions Court would be in a better position to consider the Applicant's case for bail.

5. At this stage, learned Advocate Mr. Dessai for the Applicant submits, on instructions, that he would withdraw this bail application and present a fresh bail application to the Sessions Court by

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21.07.2025, the next date of hearing before the Sessions Court.

6. In the event that such bail application is filed before the Sessions Court, the Sessions Court shall consider the same and decide this application uninfluenced by the observations made in its order dated 09.05.2025 rejecting the earlier application. It may consider the change in circumstances, if any, due to the nonprocurement of the victims or any other circumstances that are borne from the record, whilst considering the fresh bail application. The Sessions Court may hear and dispose of the fresh bail application as expeditiously as possible.

7. With these observations, the present application is dismissed as withdrawn.

VALMIKI MENEZES, J.

Page 3 of 3 14^th July, 2025

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 14/07/2025 14:46:41