FRANCIS Vs. STATE OF GOA

JUDGEMENT

(1.) These bail applications arise from Sessions Case no. 17 of 2020 pending before the Court of Additional Sessions Judge, Panaji. Crime no. 77/2020 was registered at the Old Goa Police Station against the Applicants before this Court, who are Accused no. 2-Alex Rony D'Souza and Accused no. 3-Francis @ Franky Nadar, for offences under Ss. 302 and 120 of the Indian Penal Code (IPC) and Sec. 3 read with Sec. 25 and Sec. 5 read with Sec. 27 of the Arms Act. There are total five Accused persons in the present case.

(2.) Mr. Ryan Menezes, the learned Counsel appearing for the Applicant in CRMAB No. 468 of 2021 and Mr. Ressano Noronha, learned Counsel appearing for the Applicant in CRMAB No. 56 of 2021, have placed before this Court, the facts as alleged by the prosecution. It is pointed out that in the present case, it was alleged that eight persons including the Applicants herein, had converged upon the house of one Imran Bepari, with the intention to kill him. When these persons allegedly swooped down on the house of said Imran Bepari, there was resistance on the part of the said person and that certain gym equipments were thrown upon these eight persons, who allegedly attacked his house. The assailants were allegedly carrying arms including fire arms.

(3.) On the basis of the said attack orchestrated on the house of Imran Bepari, at this behest, an FIR came to be registered, which led to Session Case No. 30 of 2020 for offences under Ss. 307, 143, 147, 148, 149, 450 read with Sec. 120-B of the IPC and some provisions of the Arms Act. The Applicants before this Court have been arrayed as Accused persons in the said companion case also. It is undisputed that both the Applicants before this Court have been released on bail by the Sessions Court in connection with the aforesaid Sessions Case no. 30 of 2020.