HC rejects bail to accused in ’20 fatal assault over high beam use

Panaji: The Bombay high court (HC) rejected bail to one Mukesh Deushekar in connection with a 2020 assault over driving with high beam at Aldona, which caused the death of a pillion rider.

The accused, driving a four-wheeler, allegedly assaulted the deceased, Avinash, who was riding pillion on a bike, which caused him to bleed profusely and resulted in his death.

The accused was arrested in Aug 2020 and went to the HC seeking bail, stating he deserves to be released on bail considering the lengthy incarceration. The HC in July 2023 permitted him to withdraw his bail application and directed the trial court to expedite the trial.

His advocate told the court that after five years and eight months, the trial has not yet concluded and that he is not a hardened criminal with any antecedents. He stated that the assault took place on the spur of the moment with no premeditation.

Additional public prosecutor S Karpe stated that the prosecution initially intended to examine 69 witnesses but now intends to examine 32 witnesses, out of which six have already been examined and the seventh is already in the witness box. He said the trial is likely to conclude in the next eight months. He said the deceased suffered 17 ante-mortem injuries and the postmortem indicates the cause of death to be assault by stones.

“There are 32 witnesses to be examined, of which the evidence of six has already been recorded. Admittedly, the applicant has suffered 5 years of incarceration. However, considering the gravity of the offence and number of injuries suffered by the deceased, I am not inclined to enlarge the applicant on bail. In any case, the trial is proceeding at a regular pace and is likely to be concluded within eight months. In these circumstances, I am not inclined to enlarge the applicant on bail,” observed Justice Neela Gokhale.