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Bombay High CourtCRMAB/21/2023dismissed

Arjuna Kazidoni (Presently In Judicial Custody At Central Jail, Colvale) v. State Of Goa (Through Police Inspector, Fatorda Police Station)

2024-02-05Hon'Ble Shri Justice Bharat P. Deshpande2 pages

CRMAB 21 of 2023 Meena

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( BAIL ) NO.21 OF 2023 ARJUNA KAZIDONI (PRESENTLY IN JUDICIAL CUSTODY AT CENTRAL JAIL, COLVALE) ... APPLICANT

Versus

STATE OF GOA (THROUGH POLICE INSPECTOR, FATORDA POLICE STATION) ... RESPONDENT Mr. Ryan Menezes, Advocate for the applicant. Mr. Nikhil Vaze, Additional Public Prosecutor for the respondent. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 5th February, 2024 P.C.:

1. Heard Mr. Ryan Menezes, learned Counsel for the applicant and Mr. Nikhil Vaze, learned Additional Public Prosecutor for the respondent- State.

2. After hearing the matter for some time and on instructions, Mr. Menezes seeks leave to withdraw the present application with the liberty to approach the trial Court in case the evidence of prosecution is not concluded by the end of May 2024.

3. The present matter is with regard to Sections 302 and 307 of IPC. 5th February, 2024

CRMAB 21 of 2023 Two persons lost their lives and a third survived. However, subsequently due to other reasons, the third person who was the witness also expired.

4. Be that as it may, the prosecution has already examined 15 witnesses and is in the process of examining other witnesses.

5. The trial Court is therefore requested to complete the evidence of the prosecution witnesses preferably by the end of May 2024.

6. The applicant is at liberty to move the learned trial Court afresh for the grant of bail if the prosecution fails to examine all prosecution witnesses by the said time.

7. With these observations, the applicant is permitted to withdraw the present application for bail. It is made clear that all contentions of the applicant are kept open.

BHARAT P. DESHPANDE, J.

MEENA VISHAL BHOIR Date: 2024.02.06 12:37:41 +05'30'

MEENA VISHAL BHOIR 5th February, 2024