RAJESH KERKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. V. Amonkar, learned counsel for the applicant and Mr. N. Vaze, learned Addl. Public Prosecutor for the respondents.

(2.) This is an application for bail for the offence under punishable under Sec. 143, 147, 148, 307 r/w 149 of IPC and Sec. 25 of the Arms Act registered with Anjuna Police Station vide FIR No. 161/2022 dtd. 1/10/2022. It is alleged that the applicant with 15 other accused is responsible for stabbing Ravi Shirodkar. The applicant and the other accused are alleged to have abused Ravi Shirodkar. Mr. N. Vaze, learned Addl. Public Prosecutor vehemently opposed the bail application mainly on the ground that the applicant was present when the assault took place. According to learned Addl. Public Prosecutor, the applicant was actively involved along with the main assailant. It is next submitted by Mr Vaze, that the applicant is a history sheeter, for as many as 12 cases are registered against him including the present one.

(3.) A perusal of the FIR reveals that the main assailant is one Mr. Tarzan Parsekar. Ravi Shirodkar was assaulted by Tarzan Parsekar and Sagar Xetrapal Patil. There is no overt act attributed to the accused. The applicant is in custody since 1/10/2022. The trial is likely to take a long time to conclude. Though there are criminal cases pending against the applicant, the offences are in the nature of Sec. 323, 143,147, 504 of the IPC. In respect of a previous offence registered against the applicant under Sec. 307 of IPC, the applicant has been acquitted. According to me, criminal antecedents by itself would not be a sufficient ground to reject the bail to the applicant as I propose to impose stringent conditions. Hence I pass the following order:-