1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION (BAIL) NO. 138 OF 2009 Shri Alcino D'Souza Son of Shri Philip D'souza, Age 33 years, resident of Digas, Panchwadi, Taluka Ponda, Goa. Through his next friend (brother) Shri Domnic D'Souza .... Applicant V/s S T A T E Through Police Inspector & Police Station In charge, Curchorem Police station, Curchorem, Goa. .... Respondent Mr. S.N. Joshi, Advocate for the Applicant. Ms. W. Coutinho, Public Prosecutor for the Respondent. CORAM : N.A. BRITTO, J. DATE : 22 nd APRIL, 2009. ORDER : Heard Shri S.N. Joshi on behalf of the applicant and Ms. Coutinho, the learned Public Prosecutor on behalf of the respondent. 2. The applicant herein who is involved in Crime No. 25/2009 under Sections 143, 147, 148, 324, 307 r/w 149 IPC of Cuchorem Police Station seeks bail after the same has been denied to him by the learned Additional Sessions Judge by order dated 9/04/2009. 2 2. The incident took place on 26/03/2009 at about 18.30 hrs. at Sanvordem Tisk. The applicant herein was arrested on the same day and was remanded to police custody and presently is in judicial custody. The said crime came to be registered upon a complaint of Subhash, son of Baburao Naik. It is the allegation of the said Subhash, son of Baburao Naik that the assailants came in two vehicles one of which was driven by the present applicant and the other by one Bento Monteiro. Eight of the accused have been identified. It appears that the said Subhash Naik was assaulted on his head and chest, was taken to the hospital and was discharged on the same day but Baburao Naik, who was assaulted next, was discharged only on 7/04/2009. Two of the other accused were arrested on 9/04/2009 and five others were arrested on 16/04/2009 and presently they are stated to be in police custody in connection with the investigations of the case. 3. The application has been opposed by reply dated 15/04/2009. The medical certificate of Baburao Naik shows that he had five sutured wounds on different parts of the body including one on the left side of the neck caused by a sharp object. The allegation is that the applicant and the other accused had come armed with pipes, chopper and iron rods and assaulted the said Subhash, son of Baburao Naik and then the said Baburao Anand Naik. One of the injuries on the said Baburao Naik caused with one of the aforesaid deadly weapons has been given on the vital part of the body i.e. left side of 3 the neck. 4. The offences committed by the accused are serious in nature and as rightly observed by the learned Additional Sessions Judge could be punished with maximum imprisonment for life or imprisonment for 10 years and fine. Two of the unknown accused are yet to be arrested and seven of the accused are still in police custody in connection with the investigations. 5. Considering that the offences are serious and investigations are still in progress, it would be premature to admit the present applicant to bail at this stage. Consequently, the application is hereby rejected. N.A. BRITTO, J. NH/-