PANAJI
After spending nearly six years behind bars, accused in the 2020 Krishni Jewellers murder case has been granted bail, with the High Court of Bombay at Goa pointing to the absence of clear, direct evidence tying him to the killing and slow pace of trial.
The Bench of Justice Neela Gokhale allowed accused Omkar Patil’s latest bail plea observing that the prosecution’s case places him on the fringes of the alleged conspiracy rather than at the centre of the fatal attack inside the Margao shop.
The court also drew a distinction between Patil and the co-accused who allegedly entered the shop and carried out the shooting and stabbing. It observed that while material suggests Patil was present during the planning phase, there is no material to directly connect him to the act of murder itself.
"...the role attributed to the present Applicant is that of an accomplice and co-conspirator. However, it is the Co-accused, Mustafa Shaikh, who actually entered the jewellery shop. Evender Rodrigues, Co-accused, was standing outside the jeweller's shop, and the Applicant was alleged to have been standing across the road. Undoubtedly, there is some material showing that all three accused were staying in the rented room at Miramar, where, according to the prosecution, the conspiracy was hatched. However.. there is no material to directly connect the present Applicant to the crime," reads the order.
The case relates to the September 2, 2020 attack in which the jeweller Swapnil Walke was shot and stabbed during an attempted robbery.
Opposing bail, the State cited the severity of injuries, over 20 wounds, recovery of a weapon at the accused’s instance, and concerns that key witnesses yet to testify could be influenced. It also pointed at Patil’s past record and an earlier jailbreak episode.
The court however placed weight on the delayed trial as only seven of 113 witnesses have been examined so far.
The Bench also clarified that the findings are confined to the bail decision, leaving the trial court to assess the evidence independently.
