CRMA/288/2003 of SHRI RAJESH KUMAR VARMA Vs THE STATE OF GOA on 30 December 2003

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 288 OF 2003SHRI RAJESH KUMAR VARMA

....Applicants

Versus

THE STATE OF GOA

....Respondents

MR.M.P.AMONKAR,

-Coram:A.M.KHANWILKAR, J.-Date:30th December, 2003

P.C.:To my mind not a case for granting bialand suspension of sentence, especiallywhen I have already expedited thehearing of the appeal by seperate Orderpassed in Criminal Appeal No.74/2003.Learned Counsel for the Applicanthowever contends that the Applicant wasreleased on bail by this Court duringthe trial and this is a good ground forgranting bail to the Applicant,especially when he has not jumped any ofthe conditions on which bail wasgranted. Moreover, he has alreadysuffered imprisonment for 7 months.However, this submission overlooks thefact that prima facie opinion recordedby this Court while granting bail, thoseaspects have been considered by theTrial Court at lenght on the basis ofthe evidence adduced during the trial and yet recorded finding the guiltagainst the Applicant in respect of thealleged offence under Sections 376 and506(2) of I.P.C.Hence not a case for interference atthis stage. Dismissed.

A.M.KHANWILKAR, J.