MARGAO
For the first time since the video went viral in respect of the murder of history-sheeter Hazrat Ali Sheikh, alias Tiger Anwar in Karnataka earlier this month, the prosecution on Tuesday filed a memo before the Court of Additional Sessions Judge, South Goa, in his attempt to murder case.
The death of Sheikh Anwar, who is the complainant in the attempt to murder him that occurred at Fatorda in February last, has brought a change of circumstance, entitling accused Vally Da Costa to file his bail application and seek necessary reliefs. Vally has since been granted bail by Additional Sessions Judge Vincent D’Silva on Tuesday, but with a host of conditions.
Though the Fatorda police did not place on record the death certificate stating that Hazrat Ali alias Sheikh Anwar has expired on August 8, the police have assured to get the deceased’s death certificate.
While granting bail to Vally Da Costa, Judge D’Silva observed that it is not singularly in dispute that the complainant expired on August 8, although this fact is conspicuous by its absence in the say filed by the State on August 21 in the bail plea.
“In any event, the Prosecution has filed today a memo that the complainant has expired. The death of the complainant therefore would be a change of circumstance entitling the accused to file the bail application and seek necessary reliefs,” the Judge said.
The Additional Sessions Court ordered the release of accused Vally Da Costa on personal bond of Rs 25,000 with two sureties in the like amount.
The judge directed the accused not to influence the witnesses or tamper with evidence, with a further condition that he shall not leave Goa without the permission of the court and furnish his residential address.
The accused is further directed not to commit offence similar to the one alleged to have been committed by him in the present case or any non-bailable offence, with the court asserting that the failure of the accused to abide by the conditions will entail the prosecution to apply for cancellation of bail.
