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Judgment
N.A. Britto, J.—These are applications for bail filed by accused No. 1/Rajesh Dessai, accused No. 5/Shrikrishna Desai and accused No. 6/Satyawan Desai in Sessions Case No. 21 of 2007, whose bail applications have been rejected by the learned Sessions Judge by Orders dated 30-4-2008, 20-5-2008 and 12-3-2008, respectively. The said accused were arrested in connection with investigations of Crime No. 12/2006 of Curchorem Police Station under Sections 450 and 307 r/w 34 I.P.C. and Sections 3 and 25 of the Arms Act, 1959.
Accused No. 1/Rajesh Dessai was arrested on 1-9-2007. Accused No. 5/Shrikrishna Desai was arrested on 3-9-2007 and accused No. 6/Satyawan Desai was arrested on 19-10-2007.
Accused No. 5/Shrikrishna Desai is a Police Constable and accused No. 1/Rajesh Dessai is the brother of the then local M.L.A. and Minister in the Goa Government. Accused No. 1/Rajesh Dessai was also running a security agency known as Parshu Security which was managed by accused No. 5/Shrikrishna Desai and accused No. 4/Shekhar Desai. The said crime came to be registered upon a complaint filed by one Bernard Rodrigues on 16-2-2006 at 23.10 hours. The incident of the attempt on the life of Mariano Mascarenhas took place on the same day at about 20.45 hours in a bar known as "Rafaela Bar" being run by the said Bernardo Rodrigues. As per the prosecution, it is accused No. 5/Shrikrishna Desai who came with a black jacket and a helmet and entered in the said bar and fired a shot at the said Mariano Mascarenhas from a close range and thereafter fled away on a waiting motor-cycle bearing No. GA-02-Q-3518 driven by accused No. 6/Satyawan Desai.
Accused No. 2/Balesh Desai is stated to have verified the presence of Mariano Mascarenhas at the said bar before the shooting.
There was another crime registered at Ponda Police Station in connection with the murder of Sameer Mapari, resident of Xelvona, Curchorem, Goa being Crime No. 198/07 under Sections 363, 302, 201 r/w 34 I.P.C. The said Sameer Mapari is stated to be the driver of accused No. 1/Rajesh Dessai and in that crime, accused No. 1/Rajesh Dessai, accused No. 2/Balesh Desai and accused No. 3/Vinay Desai were arrested and in the course of interrogation of the said accused that their complicity in Crime No. 12 of 2006 of Curchorem Police Station came to be known and the P.I. of Curchorem Police Station being informed they were brought on a transfer warrant to Curchorem Police Station on or about 1-9-2007 by the Police Inspector in charge of that Police Station who it appears messed up the investigations as can be seen from the Order dated 12-3-2008 of the learned Sessions Judge and as a result of public outcry the investigations were transferred to the Crime Branch and P.I. Chodankar filed a provisional charge-sheet against the said accused and charge against them has already been ordered to be framed.
The motive for the crime appears to be the rivalry between the injured Mariano Mascarenhas and accused No. 1/Rajesh Dessai who had got the contract of transportation of ore from Pandurang Timblo Industries managed by Sarvesh Timblo and which transportation was being objected to by the villagers including the injured Mariano Mascarenhas who was a panch of the local Village Panchayat on account of dust pollution being caused by the said activity and according to the prosecution a plan was worked out by accused No. 1/Rajesh Dessai to eliminate the injured Mariano Mascarenhas with the help of accused No. 3/Vinay Desai, accused No. 4/Shekhar Desai, accused No. 5/Shrikrishna Desai and accused No. 6/Satyawan Desai. Accused No. 4/Shekhar Desai was ordered to be released by this Court by Order dated 17-1-2008 in Criminal Miscellaneous Application(Bail) No. 3 of 2008. The allegation against the said accused No. 4/Shekhar Desai was that he had procured a fire arm used in the commission of the offence against the said injured Mariano Mascarenhas, and, if at all he has been bailed out by Order of this Court dated 17-1-2008 in Criminal Miscellaneous Application(Bail) No. 3 of 2008 it was because there was no material on record to connect him with procuring of the fire arm. The ground of parity urged on behalf of the present accused by referring to his case and the case of Kunal Ramdas Chavan v. State of Maharashtra(2001 ALL MR(Cri) 1403) would be of no avail to the case of the present accused.
Mr. A. N. S. Nadkarni, learned Counsel on behalf of accused No. 1/Rajesh Dessai submits that the said Sarvesh Timblo who has threatened the injured Mariano Mascarenhas has not been made an accused in this case. He further submits that accused No1./Rajesh Dessai was in Bangalore on the date of incident and further submits that if accused No. 1/Rajesh Dessai had got the contract which the injured Mariano Mascarenhas was to get from the said Sarvesh Timblo for transporting the ore, it is the said injured Mariano Mascarenhas who could have a grudge against accused No. 1/Rajesh Desai and therefore it is the injured Mariano Mascarenhas, who, if at all, ought to have shot accused Rajesh. Learned Counsel further submits that the fact that accused No. 1/ Rajesh Dessai is involved in another murder case would be no ground to detain him in this case. Learned Counsel submits that there is no evidence as against accused Rajesh Dessai and since the investigations are completed no purpose would be served by detaining him further.
Mr. Arun Bras De Sa, learned Counsel on behalf of the other two accused submits that the accused No. 6/Satyawan Desai was arrested after his application for anticipatory bail was rejected, on 19-10-2007. He further submits that the allegation that accused No. 6/Satyawan Desai was riding the motor-cycle is not supported by any evidence. He further submits that accused Shrikrishna Desai was a Constable and likewise there is no evidence whatsoever collected against him to justify his further detention.
On the other hand, Mr. C. A. Ferreira, learned Public Prosecutor submits that although accused No. 1/Rajesh Dessai might have been in Bangalore he was monitoring the plan with accused No. 6/Satyawan Desai on his mobile. He further submits that the victim Mariano Mascarenhas got miraculously saved and that 32 pellets were recovered from his body. He further submits that in case the accused are admitted to bail, they are bound to tamper with the evidence in the case.
As alleged by the prosecution, the motive for the assault on said Mariano Mascarenhas was because of the contract of transportation of iron ore which was awarded to accused No. 1/ Rajesh Dessai, by the said Sarvesh Timblo of Pandurang Timblo Industries due to the pressure of his brother who was then a local M.L.A. and a Minister, and, Mariano Mascarenhas along with others had opposed the said transportation on the ground that it was causing dust pollution.
As stated in the reply filed, the investigations are yet to be completed. For the present, although, accused No. 1/Rajesh Dessai was in Bangalore on the date of incident there is enough material on record to connect accused No. 1/Rajesh Dessai with the incident. The injured Mariano Mascarenhas has strongly suspected him, in his statement to Executive Magistrate, as one of the persons responsible for attack on his life. It is seen that accused No. 1/Rajesh Dessai had secured cartridges to be used for the fire arm. He also pointed out the place where test firing was done and from where pellets were recovered and the continuous calls made by him from Bangalore sufficiently link him with the conspiracy to do away with the said Mariano Mascarenhas. Likewise, the recovery of the black jacket used by A-5/Shrikrishna which was recovered at his instance, his height, his proficiency in shooting, his absence from duty, his close connection with accused No. 1/Rajesh Dessai raises a strong suspicion as to his involvement. Similarly, the fact that accused No. 6/Satyawan Desai was rewarded with a lease for which payment was made by accused No. 1/Rajesh Dessai shows that he too was part of the conspiracy. All these pieces of evidence are also linked with the statements of co-accused and which collectively show that there are reasonable grounds for believing that they have been guilty of offences which are serious in nature and for which punishment provided is severe. That apart, if the accused could hush up the investigations, as is evident from the transfer of the case from the Police Inspector of Curchorem Police Station to Crime Branch C.I.D., Panaji, the tampering of evidence, in case they are released on bail, is very eminent. On this count also, they would not be entitled to bail.
In the circumstances, therefore, the applications for bail need to be rejected.
Charge has been framed and trial has begun, but yet final charge-sheet has not been filed, and when this position was brought to the notice of the learned Public Prosecutor, the learned Public Prosecutor has stated upon instructions from the present I.O. that the charge-sheet will be filed within 45 days.
Although, the investigations, were handed over to the present I.O. from 1-10-2007 much does not appear to have been done. Is he too dragging his feet because of the personalities involved? Reply filed by the I.O. shows that inspite of categorical statement made by the injured on 21-4-2006 that Sarvesh Timblo was the other person responsible for the attack on his life, till date he has not been interrogated. When will the details of calls made by the said Timblo, accused No. 1/Rajesh, accused No. 2/Balesh be collected? When will the security guard who secured the weapon, be traced and the receipt of Rs. 90,000/-by accused No. 5/Shrikrishna ascertained? In the reply filed it is stated that accused No. 5/Shrikrishna has betrayed the trust of the Police Department. It is hoped that the present I.O. does not earn the same label. Applications dismissed.
Copy of this Order be sent to the Director General of Police, Panaji.