MARGAO
The South Goa Sessions Court has dismissed the bail application filed by Mohmmad Hussain Shaikh, an accused in the Azad Nagar murder case.
While dismissing the bail application, Additional Sessions Judge Vincent D’Silva observed “prima facie, there exist reasonable grounds for believing that the applicant and others have played active role in committing the gruesome murder of the deceased and therefore guilty of an offence punishable with the sentence of death or imprisonment for life. The application for bail moved by the applicant therefore deserves to be dismissed.”
In his bail plea, the applicant had claimed he has been falsely charged for the offences and is not involved in the crime and is a mere suspect. Claiming he was not present at the crime scene but was present at his residence, the applicant contended that the CCTV footage of his building at Colmorod, Navelim shows that he was in the said building from 13.07.2022 from 11.00 pm to 4.00 am of 14.07.2022 and until the police came and took him from his residence.
The police, however, submitted that emphasis cannot be placed on the CCTV footage when there are witnesses who have seen the applicant.
Judge Vincent observed that apparently, the CCTV footage of the building which was downloaded by the Manager of the building has been verified and he claimed that the applicant was seen entering the building at about 23.53 hours into the building complex through the main gate on 13.07.2022 and further taken away by the police at about 04.39 hours on 14.07.2022.
“The materials on record indicate that the place of offence from the building where the applicant is residing is at a distance of less than a kilometre and that the offence has been reported to have taken place at about 00.20 hours or so and therefore, reliance cannot be placed on the CCTV evidence as there are witnesses who have categorically asserted that they have seen the applicant and other accused carrying out the offence. It has also come on record that there is no such register maintained at the building,” the Judge observed, while dismissing the bail plea.
