Team Goemkarponn
PANAJI: The High Court has granted bail to a Bardez resident facing murder charges, holding that his continued incarceration for nearly four years without significant progress in the trial amounted to a violation of his constitutional right to a speedy trial.
Nitin Dina Gadekar, a resident of Baga, was arrested by Calangute police in November 2021 in connection with the alleged murder of 57-year-old Joseph Fernandes. Besides the murder charge, he is also facing allegations related to causing hurt, criminal intimidation and intentional insult.
Seeking his release, defence counsels Adv. Rohan Desai and Adv. Arya Parrikar contended that the trial had moved at an unreasonably slow pace. They informed the court that only nine of the 29 prosecution witnesses listed in the chargesheet had been examined so far, despite the passage of several years.
The defence further highlighted that two key prosecution witnesses, considered crucial to the case, had remained unavailable despite repeated attempts by the court to secure their presence.
During the hearing, the prosecution, acting on instructions from the investigating officer, acknowledged that authorities had been unable to trace or serve summons on the two witnesses since 2023. Their whereabouts are still unknown, raising uncertainty over when the trial can be completed.
Taking note of these circumstances, the High Court observed that the delay in the proceedings was substantial and that the absence of important witnesses was likely to prolong the trial further.
The court reiterated that the right to a speedy trial forms an essential part of the right to life and personal liberty guaranteed under Article 21 of the Constitution. It stressed that the State bears the responsibility of ensuring that criminal proceedings are conducted within a reasonable timeframe.
The High Court also considered the fact that Gadekar had spent close to four years in judicial custody at the Central Jail in Colvale and had no previous criminal record.
Concluding that the accused had made out a valid case for relief, the court allowed the bail plea while imposing safeguards to prevent any interference with the trial. Gadekar has been directed to execute a personal bond of ₹50,000 along with a surety of an equal amount to the satisfaction of the Mapusa Sessions Court.
The trial in the case will continue in accordance with law.
