JUSTIN DCUNHA Vs. STATE

JUDGEMENT

(1.) THE bail granted to the applicant by the Sessions Judge, South Goa. Margao by his Order dated 26th June 2001 was cancelled by the Sessions Judge, South Goa, Margao by his Order dated 13th November 2001. The Order by which the bail of the applicant was cancelled is impugned before me in the present application. The brief facts leading to the cancellation of the bail can be stated as under:

(2.) THE applicant in the present application is being prosecuted vide Crime No. 14 of 2001 for offences punishable under Sections 395, 397, 427, 504 read with Section 34 of the Indian Penal Code. His application for bail was favourably considered by the learned Sessions Judge. South Goa Margao by granting bail to him on 26th June 2001. Thereafter an application for cancellation of bail came to be filed before the learned Sessions Court on 10th October 2001 through the Police Sub -Inspector. Sanguem Police Station. In the application for cancellation of bail it was stated that on 28th September 2001 at about 10.30 a.m. the present applicant had threatened the approver by name Robert Dias in the Court premises by saying 'Police witnesses are being shot'. It is further stated in the said application that the said Robert Dias had informed the concerned Police Officer regarding the threat extended by the applicant and the Police Officer had asked the said Robert Dias that he should complain in writing. Thereafter it appears that on 2nd October 2001 the said witness Robert Dias went to the Police Station and gave a written report narrating the threat extended by the present applicant. The application for cancellation of bail also referred to a complaint of one Shri Babu Dhakle Bandekar whose son is a witness in the Sessions Case regarding some unknown persons assaulting him and attempting to strangulate him. Shri Babu Dhakle Bandekar in his complaint has also referred to the fact of some unknown persons hurling a stone and damaging his motor vehicle. The said report of Shri Babu Dhakle Bandekar was filed on 5th October 2001. Relying on these two instances the Police Sub -Inspector of Sanguem Police Station prayed for cancellation of bail granted to the applicant.

(3.) THE learned Sessions Judge. South Goa. Margao in paragraph 17 of the Order has held that he had no hesitation in accepting the statement made by the P.S.I. Shri Manjunath Dessai (Investigating Officer) in the application filed by him for cancellation of bail. The learned Sessions Judge has further held that it was clear from the complaint dated 2nd October 2001 submitted by Robert Dias that the present applicant/ accused had threatened him that he would be shot in case the said Robert Dias remained a witness. The learned Sessions Judge further observes in the same paragraph that the P.S.I. had done a wise thing in telling the said Robert Dias to bring the complaint in writing rather than writing it himself or making a Station Diary because it would expose the P.S.I. The learned Sessions Judge also came to the conclusion that it could be inferred that the affidavit of Robert Dias had been filed at the behest of the applicant because in the said affidavit Robert Dias did not disclose as to how he had gathered knowledge of the pending proceedings. In respect of the complaint of Shri Babu Dhakle Bandekar the learned Sessions Judge came to a conclusion that the complaint disclosed an atmosphere of terror which was indirectly created. Relying wholly on the complaint of Robert Dias the learned Sessions Judge South Goa. Margao therefore cancelled the bail granted to the applicant earlier by the Order dated 26th June 2001.