IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( BAIL ) NO. 53 OF 2008 SHRI. ROHAN M. PARAB THROUGH HIS FATHER SHRI. MANGUESH PARAB ... Appellant Versus STATE THROUGH PUBLIC PROSECUTOR HIGH COURT PANAJI ... Respondent Mr. D. Pangam, Advocate for the Applicant. Ms. Winnie Coutinho, Public Prosecutor for the Respondent. Coram:- N. A. BRITTO, J. Date:- 26th February, 2008 P.C.:- Heard Mr. D. Pangam, learned Counsel on behalf of the Applicant and Ms. Winnie Coutinho, learned Public Prosecutor on behalf of the Respondent. The Applicant Rohan M. Parab was arrested on 9-1-2008 in Crime No.10/2008 under Sections 143, 147, 148, 307, 120-B r/w 149 of I.P.C. and since then has been in custody. He was arrested in connection with an incident which took place on 7-1-2008. It is the case of the prosecution that on that day at about 7.30 p.m. while one Bapusab Sheikh alias Babani was going on a motorcycle, a hired Ascent Car, bearing No.GA-01-S/1689, taken on rent, having a fake number plate, came and dashed against the said Bapusab Sheikh alias Babani and after he fell on the road the occupants of the said car got down and attacked the said Babani Sheikh with sharp deadly weapon on his head and on his hand by attempting to murder him. The said car is alleged to have been driven by one Rosario. As on date, the Applicant and another occupant of the said car have been arrested, from a group of six and the rest four are absconding. The statement of the injured Babani Sheikh was recorded on 8-1-2008 and he has implicated the Applicant herein. The Medical Report shows that the injured Babani Sheikh was assaulted on vital parts of the body including on parietal and occipital regions of the head and was having several grievous injuries including fracture of the right parietal and occipital bones. The reply filed also shows that the Applicant was earlier involved in Crime No.6/2006 under Sections 341, 307 r/w 34 I.P.C. Then the allegation was that the Applicant with other associates had assaulted one Imtihaz Sheikh, the brother of the present injured Babani Sheikh. It is stated that in Crime No.6/2006 the Applicant was ordered to be released on bail by the Court of Additional Sessions Judge. The Applicant herein approached the Court of Sessions for bail and the same has been rejected by Order dated 21-1-2008. Thereafter, the Applicant approached this Court in Criminal Miscellaneous Application No. 18/2008 but withdrew the same with liberty to file fresh application after fifteen days, and, presumably that is how the present application has been filed. Mr. D. Pangam, learned Counsel on behalf of the Applicant submits that there is no merit in the allegation that the Applicant was absconding and in fact the Applicant was arrested on the third day from his aunt's house. Learned Counsel further submits that from the date of arrest he was taken in custody and no useful purpose would be served by continuing him in judicial custody and therefore learned Counsel further submits that the presence of the Applicant is not required in custody. Learned Counsel further submits that the Applicant was not involved in the alleged offences as at the relevant time the Applicant was at his shop. Learned Counsel further submits that no recovery of any weapon has been made at his instance. Learned Counsel on behalf of the Applicant has relied upon an Order dated 18-1-2008 of this Court in Criminal Miscellaneous Application(Bail) No.1 of 2008 contending that bail was granted in similar circumstances. On the other hand, learned Public Prosecutor Ms. Winnie Coutinho submits that the investigations are in progress and four out of the six Accused are yet to be arrested. Learned Public Prosecutor further submits that the offences took place as a result of gang rivalry between two groups. Learned Public Prosecutor also submits that the Applicant was earlier involved in a similar offence and therefore bail ought not to be granted to the Applicant. Admittedly, although the Applicant was arrested on 9-1-2008, it appears that no much progress has been made in the investigations inasmuch as the weapons of offences as well as the remaining Accused remained to be arrested. The Applicant was earlier involved in a similar offence and it appears that he has used the concession of bail to commit another offence of the same nature. The learned Sessions Judge, while dismissing the application for bail has stated that there has been a group rivalry between the group of the Applicant and that of the injured Babani Sheikh. The learned Sessions Judge is also of the view that, looking at the antecedents of the Applicant, it could be said that if he is released on bail there is likelihood of threatening the witnesses and again causing harm to the victim. The views held by the learned Sessions Judge, could not be faulted when the investigations are still in progress and looking at the commission of offences from the point of view of gang rivalry. The offence is of serious nature and was committed with dangerous weapons. In the circumstances of the case, it would be inadvisable to admit the Applicant to bail at this stage. Application therefore is hereby dismissed. N. A. BRITTO, J. RD.