Bombay High Court Goa grants bail owing to long duration of incarceration undergone
Title: Manish Das v. Police
Decided on: September 5, 2023
Citation: 2023 SCC OnLine Bom 1893
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
The applicant is seeking bail in connection with offence under Section 302 read with 34 of IPC. The applicant was arrested on 28.12.2020. The accused and the victim had gone to Dando beach at Velsao Mormugao. The deceased was assaulted by the accused. He suffered injuries. Subsequently he succumbed to the injuries and four persons were arrested in this case. Two other accused have been discharged by the Court. The applicant has been in custody for a period of above 2 years and 8 months. Although trial has commenced, prosecution had so far examined three witnesses only. Several other witnesses are yet to be examined and it is not clear as to when trial will be concluded. Two other accused who were allegedly involved in commission of crime were discharged. The applicant had also suffered injuries. It appears that there was scuffle between accused and the victim. There was no intention to commit murder. Since three accused had suffered injuries it is possible that the accused had exercised right of private defence.
Court Analysis and Judgement:
The Court came to the conclusion that there was no eye witness to the incident. Case is based on circumstantial evidence. The applicant had suffered injuries. Since he has been in custody for a period of two years and eight months, further detention is not called for. Although, trial has commenced, it is not clear as to when it would be concluded. Out of four accused two accused are discharged by this Court. There is no clarity as to how incident had occurred. Hence the Court granted bail on executing a PR bond of Rs. 25,000/- with one or more sureties.
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Written by- Reema Nayak
