The Bombay High Court at Goa grants bail to accused for not being a flight risk, having no criminal antecedents and after considering that the trial might take a long period
The Bombay High Court at Goa grants bail to accused for not being a flight risk, having no criminal antecedents and after considering that the trial might take a long period
Title: Joyal Graca v. State of Goa
Decided on: July 5, 2023
Citation: 2023 SCC OnLine Bom 1341
CORAM: HON’BLE JUSTICE M.S. KARNIK
Introduction
The Bombay High Court at Goa grants bail to the main accused in a murder case in bail hearing.
Facts of the Case
This is an application for bail for offences punishable under Sections 323, 427, 364, 302, 201 read with 34 of the Penal Code, 1860. There are three accused in all who have alleged to have had a fight with the deceased in a bar. It is alleged that the deceased was taken by the accused on a scooter. The dead body of the deceased was found and a murder weapon was recovered.
Court Analysis and Judgement:
The Court takes into account that the trial has commenced and 12 witnesses have been examined. However, the Court make the following observations: 1. some of the witnesses have turned hostile during the course of their examination, 2. there are no eyewitnesses to the incident, 3. the applicant has been in custody for more than 3 years and 288 days. The Court also states that considering the number of witnesses, the trial is likely to take long time to conclude. Meanwhile, there are no criminal antecedents against the applicant. The Court also finds that the applicant is a permanent resident of Goa and there is nothing on record to indicate that he is flight-risk. Therefore, the court grants him bail on a bond of the sum of Rs. 25000.
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Written by- Reema Nayak