Mr. Lawrence Mascarenhas vs State

N.A. Britto, J.—Heard Mr. Arun Bras De Sa, learned Counsel on behalf of the Applicants and Ms. Winnie Coutinho learned Public Prosecutor on behalf of the Respondents. The Applicants herein are involved in Crime No. 70/08 registered against them under Sections 307, 341, 324, 427 r/w 34 I.P.C. in relation to an incident which took place on 3-6-2008. The Applicants approached the Court of Sessions for anticipatory bail on or about 9-6-2008 and their applications came to be rejected vide Order dated 11-6-2008.

The Applicants have now approached this Court for anticipatory bail.

Learned Counsel on behalf of the Applicants has submitted that in the F.I.R. filed only Diogo Pereira was named and not Lawrence Mascarenhas. However, the fact remains that who has been named in the complaint is Diogo Pereira, one Braz (whose full name name was not known) and another unknown person. The allegation against the Applicants and the said Braz is that they in furtherance of common intention wrongfully restrained the Complainant Jervazio Pereira and his wife while they were proceeding on a motor cycle bearing No. GA-08-D/5644 and damaged the same and assaulted the said Complainant with iron rods(crow bars), hockey sticks and knife causing him injuries and thereafter poked the crow bar causing him grievous injuries and his wife was assaulted with fist blows on the face, near the eye, etc.

It appears that the said Complainant was first examined at P.H.C., Cansaulim and thereafter was referred to Hospicio Hospital and although it was stated that opinion was reserved as regards some of the injuries, it is surprising that till date, the said opinion has not been collected by the Investigation Officer nor the accused have been arrested. All that has been stated is that the accused have been absconding since the date of commission of the offence.

Learned Counsel on behalf of the Applicants further submits that the said Complainant had stayed in the hospital against medical advice, as can be seen from what is recorded by the Medical Officer on 4-6-2008. The said endorsement also shows that the Complainant was kept back at his request, but I fail to understand how this fact can have any bearing on the grant of anticipatory bail or otherwise.

Nevertheless, it can be seen from the Medical Certificate issued by P.H.C., Cansaulim, that the Complainant was mercilessly assaulted by blunt weapons on his legs causing several contused lacerated wounds thereby giving an impression that the assailants wanted to break his legs. The Medical Certificate of his wife also confirms the assault. It is rather strange that even after a lapse of about 27 days the Investigation Officer has not been able to arrest any of the accused. It is quite probable that the weapons of the offence also would be required to be seized. The accused will also be required to be questioned in detail as regards motive, preparation, other persons involved, etc. In this case arrest is an inevitable part of investigation.

Considering the facts of the case and the gravity of the offences alleged, in my opinion, this is not a fit case to admit the Applicants to anticipatory bail. The Applications therefore are hereby rejected.