Rejects bail application of accused
PANAJI
The Bombay High Court at Goa has directed the Sessions Court to conclude the trial in the 2020 murder case of 22-year-old Muzahidkhan Kanazhade within six months.
The murder at Davorlim saw the arrest of two accused Ismail Mulla and Sadiq Bellary. The second accused, who was subsequently bailed out, was killed by his rival in 2023.
The High Court rejected Mulla’s bail plea despite his argument that he has been in custody for over four years with the trial progressing slowly.
Justice Bharat Deshpande emphasized the gravity of the offense, noting that the deceased was not involved in the initial altercation. The Bench directed the trial court to expedite the proceedings holding the trial on a day-to-day basis.
“The offense is quite serious wherein the person has lost his life. The deceased was not even involved in any such fight. He was trying to pacify when he received such injury. Though I am not inclined to release the Applicant (Mulla) on bail, certainly directions could be issued to the Trial Court/Sessions Court to conclude the trial as expeditiously as possible and more specifically, within a period of 6 months,” reads the order.
The accused are charged with stabbing the victim in the stomach and preventing him from being taken to the hospital which led to his death. The trial has so far seen the testimonies of six witnesses out of a total of 47.
“There is material to show that Mulla even tried to prevent the injured from shifting to the hospital and attacked the vehicle in which the injured was taken to the hospital. Thus, the state of mind would clearly go to show the intention which cannot be ruled out,” the Court said, rejecting his bail.
Earlier, Mulla’s defense argued that the incident occurred in the heat of the moment without premeditation.
“There is only one single blow and when the deceased fell on the ground, there was no further overt act on the part of the Applicant. Mulla does not have any history, and he was not involved in any such incident...since the time of arrest, he has been in custody for almost four years and two months and there is no progress in the trial,” his lawyer Pavithran A V told the Court.
However, the prosecution countered, asserting that the attack was premeditated, as the accused were armed with weapons and targeted the victim with a large knife. The prosecution further pointed out Mulla’s intent to prevent the victim from receiving timely medical aid, reinforcing the gravity of the crime. The Court further added that the trial be conducted on a day-to-day basis.
