1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION (BAIL) NO.39 OF 2011 AND CRIMINAL APPLICATION (BAIL) NO.40 OF 2011 CRIMINAL APPLICATION (BAIL) NO.39 OF 2011 Mr. Vinal Vishvanath Diukar, age 21 years, R/O H.No.-94, Fondem, Calangute, Bardez-Goa. Presently lodged at Police lockup Agassaim Police Station, Agassaim, Goa (Through his next best friend Shri Darshan Diukar, Major, R/O H.No.94/A, Cobrawada, Calangue, Bardez,Goa. …. Applicant. V e r s u s 1. STATE (As Rep. Officer In charge, Calangute Police Station, Calangute, Goa.) 2. The Police Inspector, Agassaim Police Station, Agassaim, Goa). 3. The Public Prosecutor, Panaji, Goa. …. Respondents. 2 Mr. J.P. D'Souza, Advocate for the Applicant. Mr. C.A. Ferreira, Public Prosecutor for the Respondents. CRIMINAL APPLICATION (BAIL) NO.40 OF 2011 Mr. Rohit Prabhakar Diukar, Age 23 years, R/o H.No.-94, Fondem, Calangute, Bardez-Goa, Presently lodged at Police lockup Agassaim Police Station, Agassaim, Goa (Through his next best friend Shri Darshan Diukar, Major, R/O H.No.94/A, Cobrawada, Calangute, Bardez,Goa) … Applicant V e r s u s . STATE (As Rep. Officer In charge, Calangute Police Station, Calangute, Goa.) 2. The Police Inspector, Agassaim Police Station, Agassaim, Goa). 3. The Public Prosecutor, Panaji, Goa. …. Respondents. Mr. J.P. D'Souza, Advocate for the Applicant. Mr. C.A. Ferreira, Public Prosecutor for the Respondents. 3 Coram: A. P. Lavande, J. Date; 22nd February, 2011. ORDER: Heard Mr. J.P. D'Souza, learned counsel for the applicants and Mr. Ferreira, learned Public Prosecutor for the Respondents. 2. Both these applications are disposed of by common order since both the applicants are accused in the same crime no.241 of 2010 registered at Calangute police station for offences punishable under Sections 143, 147, 148 and 307 r/w Section 149 I.P.C. 3. According to the prosecution, on 20/12/2010 at about 19.40 hours the informant Melena Gomes Pinto lodged report against Prabhakar Diukar, Surendra Diukar and son of Prabhakar Mr. Rohit, alleging that the above accused with their common intention assaulted Mr. Alex 4 Pinto, her husband with kicks, fist blows and wooden rib on his head and other parts of the body and caused him injuries. 4. The applicants are two of the five accused against whom investigation is taken up pursuant to the said F.I.R. 5. Initially the applicants filed anticipatory bail applications before this Court which were dismissed on 31/1/2011. The applicants surrendered before the learned J.M.F.C, Mapusa and for a period of 13 days the applicants were in police custody and presently they are in judicial custody. 6. Two of the accused namely Prabhakar Diukar and Surendra Diukar were granted bail by this Court by order dated 3/1/2011. 5 7. The application has been opposed by the respondents primarily on the following grounds: I) The applicants were absconding after registration of the F.I.R against them. II)One of the remaining accused is still absconding. 8. As stated above, two of the accused namely Prabhakar Diukar who according to the prosecution had inflicted blows on the injured and Surendra Diukar have been already released on bail by this Court by order dated 31/1/2011. The record also discloses that the injured had simple injuries though the nature of the injuries by itself will not determine the offence committed. 9. Be that as it may, the fact remains that the main accused in the crime has been released on bail. The apprehension of the prosecution that the applicants would 6 abscond in the event they are released on bail can be taken care of by imposing appropriate conditions. The mere fact that one of the accused is absconding would not be a ground to detain the applicants having regard to the fact that the applicants were in police custody for a period of 13 days. 10. In view of the above, I am of the considered opinion that the applicants deserve to be released on bail subject to imposing certain conditions. Hence, I pass the following order: a) The applicants shall be released on bail upon each of them executing bail bond in the sum of Rs.10,000/- (Rupees ten thousand only) with one surety in the like amount to the satisfaction of learned J.M.F.C, Mapusa. b) The applicants shall not tamper with prosecution evidence and shall not contact any prosecution witness 7 directly or indirectly. c) The applicants shall report at Agassaim Police Station for a period of one week between 5p.m to 6.30p.m.after they are released on bail. 11. Both the applications stand disposed of. 12. Parties to act on an authenticated copy of this order. A. P. Lavande, J. Ap/-