Mickky is out, finally

MARGAO, JULY 26  
Since his arrest on July 8, former tourism minister Mickky Pacheco was finally released from the Sada Sub Jail after the South Goa Sessions Court granted him bail on Monday.
Pacheco walked out of the Sada Jail this evening after Additional Sessions Judge, B P Deshpande earlier in the day ordered his release from custody upon furnishing a bail of Rs 25,000 with one surety in the like amount.
The court directed Pacheco to attend the police station as and when called and cooperate with the investigating officer. He was further directed not to indulge himself directly or through any one in tampering with the prosecution witnesses.
Directing the former Minister not to leave the country without prior permission of the court, the Judge directed Pacheco to inform the investigating officer the date whenever he wants to leave the state of Goa with the details as to where he is going and the date of his return back in Goa. He was further directed to deposit his passport with the investigating officer.
Saying there is no need for Pacheco’s further detention in judicial lock-up, Judge Deshpande said the contention of the prosecution with regard to Pacheco’s involvement in connection of Section 304 of the IPC has not been brought on record by any substantial material except grave suspicions, even though interrogation continued for a full term of 14 days by way of police custody.
The judge said the aspect of antemortem injuries, having marital relationship with the deceased, the whereabouts of the maid servant, are not grounds collectively or individually, to detain Pacheco in judicial lock-up, saying these aspects of the investigation could be carried out without Pacheco’s presence in custody.
“The objections raised by the prosecution that Pacheco is an influential person cannot be the ground for keeping him inside since not a single witness has come forward to show a slightest influence from the former minister. The investigating officer also failed to collect any material to show that any pressure or influence has been put on any witness till date. Only making a statement will not suffice to accept such submission”, he added.
Judge Deshpande did not agree with the prosecution that the former minister was absconding before his surrender, saying “Pacheco was knocking the doors of various courts in order to protect his liberty. During the pendency of the bail applications, no interim bail was granted to the applicant. Therefore, the investigating officer was free to arrest him at any point of time. However, no serious efforts were made during that time”, the judge added.
“No doubt, there are some cases pending against Pacheco. However, these cases are old matters and basically filed with regard to his family disputes. Sufficient time was granted to the prosecution to interrogate and to recover the so called items and in spite of  this, failure on the part of the investigating officer to do so cannot be considered as a ground for rejection of bail”, judge said.,
Judge Deshpande said the investigating officer has failed to make any progress in the recovery of items from the day Pacheco was remanded to police custody till the day he was sent to judicial lock-up.
The judge said the contention of the Crime Branch that the accused was not cooperative is not a ground to be given for the failure of the investigating officers to make progress in the matter. He said the investigating officer also failed to collect any material to show that any pressure or influence has been put on any witnesses till date.
Judge Deshpande said Pacheco is an elected member of the Legislative Assembly and therefore has to perform many duties towards his constituency, adding that the Assembly session is in progress and Pacheco’s presence in the Assembly is required to look after the interests of his constituency.
Meanwhile, hearings of the anticipatory bail applications filed by Pacheco fearing arrest by the Margao, Quepem and Colva police in criminal cases will come up before the Sessions court on Tuesday.