Bombay High Court at Goa rejects plea for relaxation of conditions of the bail that would defeat the purpose for which they were set
Title: Dattaguru Sagun Sinari v. State
Decided on: September 13, 2023
Citation: 2023 SCC OnLine Bom 1977
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
This is an application for relaxation of the conditions of the bail terms. The applicant seeks the modification of conditions stipulated in the order dated 17.04.2023 while granting bail. He was charged for offences under Section 364, 365, 302, 201 and 120(B) of the Penal Code, 1860. It has been argued by the counsel for the applicant that the trial has commenced and 10 witnesses have been examined. Therefore, reporting to the police station is not necessary. They also requested that the condition to not enter North Goa be relaxed since the applicant is residing outside North Goa. He is without employment and it is difficult for him to survive. The Prosecutor vehemently opposed the prayer for relaxation of conditions stating that the applicant was involved in a serious offence. The victim was murdered brutally. He was granted bail on account of long incarceration in custody. While applying for bail the applicant had agreed for release on bail on any conditions. Since some of the witnesses are residing within North Goa, it would be dangerous to allow the accused to re-enter. Hence, the condition may not be relaxed.
Court Analysis and Judgement:
The court took account of the fact that the applicant was granted bail and had agreed to all the conditions imposed. The bail grant was very recent and within a short span of time the applicant has moved this application for relaxation of conditions, within nearly 4-5 months. The conditions stipulated in the order were imposed for certain purpose and to relax these conditions would defeat the purpose. Hence, the court rejected the applicant’s plea for relaxation of conditions while liberty to apply for relaxation again after a year was granted.
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Written by- Reema Nayak
