Cites absence at crime scene and reliance on co-accused’s statement
PANAJI
The Sessions Judge, North Goa, on Saturday granted conditional bail to Zenito Cardozo in the attempted murder case of activist Rama Kankonkar, observing that the accused was not present at the crime scene and that his alleged involvement is based solely on the confessional statement of a co-accused, which cannot be relied upon at the bail stage.
Allowing the bail application, Sessions Judge Irshad Agha ordered that Cardozo be released upon executing bail bonds of Rs 5 lakh with two local sureties in the like amount to the satisfaction of this Court.
“...The accused No. 8 (Cardozo) was not seen at the spot of the incident. The role of accused no.8 is found in the present case on the basis of confessional statement. Since confessional statement of the co-accused cannot be considered at the time of deciding an application for bail, the same can be considered in favour of the accused no. 8,” the court said.
The Court noted concerns from the prosecution and intervener Kankonkar that the threat to the victim persists, observing that although circumstances remain unchanged, stringent conditions could effectively ensure the safety of the victim and other witnesses.
Cardozo must attend all hearings without exception, with no exemption applications considered. He cannot leave Goa without court permission and must surrender his passport. The order also prohibits him from tampering with evidence or threatening the victim and witnesses.
The court further imposed strict spatial restrictions, directing that the accused shall not enter within a radius of 500 metres of the victim’s residence, his workplace, or any place of activity. The court made it clear that any violation of these conditions would invite cancellation of bail.
Reiterating that confessional statements of the co-accused cannot be relied upon at the bail stage, the court clarified that such material would be considered at the time of framing of charge and thereafter if required during trial.
During arguments, Cardozo’s lawyer argued his implication relied only on co-accused statements, unsuitable for bail. Opposing, Advocate Pereira stated circumstances hadn’t changed and the threat to the victim’s life persisted.
The prosecution, citing the victim’s objections, argued that Cardozo was a habitual offender. “He has been in and out of jail from a young age and committed crimes for the last 20 years. The applicant/accused no.8 is the head of the largest organised gang with hundreds of members. He is a danger to society and should not be shown any leniency,” the prosecution warned.
