Court says delay in trial alone not sufficient ground for bail in serious offence like murder
Valpoi
The North Goa Additional Sessions Court has rejected the second bail application filed by Devidas Barve, who is accused of murdering his son, Shravan Barve. The court observed that delays in the trial or the possibility of a lengthy trial cannot, by themselves, be grounds for granting bail in a serious offence such as murder.
In the Shravan Barve murder case from Valpoi-Sattari, Devidas Barve is one of the accused along with Vayudev Ozarekar and Uday Barve. Earlier, the High Court had also rejected Barve’s bail plea, citing the seriousness of the allegations against him.
During the latest hearing, Barve’s counsel sought bail on the grounds of changed circumstances. The defence argued that the accused had been in custody for a long period and that the trial had taken longer than expected. It was also submitted that there had been delays in recording witness statements, with some witnesses failing to appear before the court despite non-bailable warrants being issued against them. The defence further pointed out that some hearings had been adjourned due to lack of time.
The prosecution strongly opposed the application. Government counsel argued that Devidas Barve is alleged to be the main conspirator in the crime and that delays in the trial alone could not justify his release on bail. The prosecution also referred to the observations made by the High Court while rejecting his earlier bail application.
After hearing both sides, the Sessions Court held that delay in the trial, on its own, is not a sufficient ground for granting bail. The court observed that in serious offences such as murder, where the allegations are grave, a cautious approach is required.
The court further noted that the defence had failed to present any new or substantial facts that would justify reconsidering the earlier orders. It said there was no reason to take a different view from that already adopted by the higher courts.
The court also considered the accused’s health condition. It noted that Devidas Barve, who appeared through video conferencing, was in stable health, spoke clearly and appeared fit. No medical evidence was produced by the defence to show that he was suffering from any serious or life-threatening illness.
Taking all these factors into account, the court rejected Devidas Barve’s second bail application. As a result, one of the main accused in the Shravan Barve murder case will remain in judicial custody while the trial continues.
