PANAJI
An accused in a 2019 criminal case, who remained in judicial custody despite being granted bail in 2021 due to an unworkable surety condition, has finally obtained his release after the High Court of Bombay at Goa agreed to modify the bail terms.
The High Court has reduced the surety amount imposed on Robert Obidike, an accused in a case registered at Pernem Police Station, from Rs 1 lakh to Rs 20,000, noting that the earlier amount had effectively kept him incarcerated despite the grant of bail in November 2021. Justice Shreeram V Shirsat allowed Obidike’s application seeking modification of the bail condition.
During the hearing, the applicant told the court that the surety amount was excessive and beyond his means, making it impossible for him to avail the bail granted in his favour. He submitted that he has continued to remain in custody for six years so far.
The State government opposed the plea, arguing that the offence was serious in nature. The prosecution warned that relaxing bail conditions could raise the risk of the accused absconding or engaging in unlawful activities, including drug trafficking, and urged the court to reject the application.
After considering the submissions, the court noted that bail had been granted on November 30, 2021, and that the applicant had remained in custody for over six years due to his inability to furnish a surety, despite making his best efforts.
“Considering the facts that the bail was granted to the Applicant on November 30, 2021, and he is in custody for a period of over six years and despite his best efforts, he is unable to furnish surety, the request of the Applicant to reduce the amount of surety can be considered,” the court said.
“The Application is allowed. The Applicant is permitted to furnish surety of Rs 20,000 and condition no. (a) of the order dated November 30, 2021 is modified to the extent that the Applicant shall be released on bail... on furnishing PR bond of Rs 20,000 and producing surety of the like amount to the satisfaction of the Trial Court,” reads the order while mentioning that all other bail conditions imposed earlier will continue to remain in force.
