MARGAO, JULY 13
Former Tourism Minister, Mickky Pacheco’s move to get bail suffered a set back with the South Goa Sessions Court rejecting his bail plea on Tuesday.
Pacheco’s legal counsel, Amit Palyekar later told newsmen that the decision of challenging the Sessions Court decision in the High Court will be taken soon.
While rejecting the bail application, Additional Sessions Judge, B P Deshpande
observed there was no sufficient time for the investigating officer to interrogate the accused in custody as he filed the second successive bail application immediately on July 9 – the day when he has remanded to seven days police custody upto July15.
Judge Deshpande said Pacheco’s defense counsel was unable to point out any fresh considerations for considering the bail application on the second occasion.
Terming as factually correct the contention of Pacheco’s counsel Surendra Desai that the court should not be influenced by the earlier observations while deciding anticipatory bail applications by various courts, Judge Deshpande, however, said “The facts of the matter are the same which were brought to the notice of this court and also the higher courts while deciding the anticipatory bail applications as well as the earlier regular bail applications. “Therefore, even though the influence of earlier orders is taken out, the considerations of the facts will lead to the same inference and therefore even upon fresh considerations, no other conclusion could be drawn as observed by this court and the higher courts while deciding the earlier applications”, the judge said.
Judge Desphande said in the instant case, Section 306 and 304 and Section 201 of the Indian Penal Code were added as the investigation revealed that it is not the case of suicide and it amounts to culpable homicide on account of contradictory versions given by the family members of the deceased, the deceased herself as well as the accused, who was present throughout with the deceased on May 15 onwards till her death and even prior to it.
The judge answered in the negative the question whether Pacheco has made out any case for release on bail after the dismissal of his earlier bail application.
When Pacheco’s legal counsel was later asked by newsmen what would the next course of action, Palyekar said Pacheco now has the option to approach the High Court. “We will take a decision on challenging the Sessions Court order”, he said.
…but will get to attend assembly
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PANJIM, JULY 13
Goa Police today confirmed that Mickky Pacheco, the accused in the Nadia Torrado death case will be permitted to attend the forthcoming legislative assembly session, if he continues to remain in custody.
Citing those convicts who are also members of their respective State legislatures are permitted to attend the assembly session, police spokesperson Superintendent of (Special Branch) Police Atmaram Deshpande said Pacheco will enjoy the same privilege though he will be escorted by police personnel.
“Elected representatives, who are convicts or under trial, are accorded facilities to attend assembly sessions. As a member of the legislative assembly, he (a convict or an d accused) has certain privileges, which is to be protected,” he elucidated.
With Pacheco’s seven day remand coming to an end on Frida, investigating sleuths will reportedly request the court to remand the former minister to further seven-day police custody.
The police have intimated the legislative assembly Speaker Pratapsing Rane and secretary that one of its legislators (Pacheco) will be participating in the session slated to begin on July 19.
Meanwhile, Pacheco’s medical check-up every 48 hours is reportedly hindering the interrogation process.
However, according to a senior officer, it is a mandatory procedure to subject an accused to medical check-ups while in custody to proceed with the interrogation.
