MARGAO
The South Goa Sessions Court has rejected the bail application filed by accused Vally D’Costa in the Sheikh Anwar attempt to murder case.
Rejecting the bail application, Additional Sessions Judge-I Vincent D’Silva observed that the benefit of bail cannot be granted considering the facts of the case, the nature of the allegations, gravity of offences and the role attributed to the accused Vally Da Costa and his criminal antecedents.
“Needless to mention, at the stage of considering the bail application, the court is not at all required to find out as to whether the evidence is sufficient to infer guilt of the accused or not. It is enough if sufficient grounds are shown to connect the accused with the offence as at that time elaborate documentation of the merits of the case has not to be undertaken. Prima facie, there exists reasonable grounds for, believing that the accused has been guilty of an offence punishable with imprisonment for life”, the judge observed.
He further said the submission of Public Prosecutor DM Korgaonkar that the accused is involved in a serious and grave offence and that there is every likelihood of offence be repeated and that he would intimidate the witnesses has to be accepted at this stage, adding “considering the severity of the punishment and the larger interest of the public, the present application for bail has to be rejected”.
“There is prima facie direct evidence against the accused Vally Da Costa. There was also previous enmity against the accused and the complainant resulting into formation of organized syndicate crime with the accused as its leader as per the case of the prosecution. The accused is also an ex-criminal and has very bad criminal antecedents”, Judge Vincent said.
Saying there’s every possibility that the accused would interfere and influence the witnesses and that he would also abscond from the trial, the Judge observed “therefore looking into the antecedents and shady character of the accused and his involvement in other criminal cases, it would not be proper to admit him on bail, as the case of CNR NO: GASG01-000412-2021 Sessions Case (Ors) No 17/2021 Page 8 of 9 applicant is entirely different from the other co-accused who have been enlarged on bail”.
The mere fact that the chargesheet has been filed does not dilute the gravity of the offence as there is direct involvement of the accused in the crime, the Judge added.
