PANAJI: The principal district and sessions court, Panaji on Tuesday reserved for Thursday, January 23 its order in the anticipatory bail applciaiton filed by Wilson Godinho in the former Merces sarpanch Prakash Naik's suicide case. The court on Tuesday heard the arguments of both the parties. Arguing on behalf of Wilson, adv Rohit Bras de Sa said that the Old Goa police should have waited for inquest report from the magistrate to determine the cause of death. The police without following procedure under 174 and 176 of CrPC jumped to conclusion that it was an abatement to suicide case and filed FIR under 306 of IPC without any conclusion as to cause of death. He said there was falsity in FIR and the say given by the investigating officer (IO) and told the court that facts were being twisted to implicate the applicant and one Tahir in the case.
Adv de Sa further aruged that mere mentioning of name in the suicide note was not sufficient to constitute an offence under section 306 of IPC and that there had to be an abatement and instigation on the part of the applicant to coerce the victim to commit suicide. He pointed out that abatement has to have immediate nexus with the suicide. He said that the applicant's arrest was sought to humiliate and harm his reputation. Public prosecutor Poonam Bharne said that the custodial investigation of the applicant was required as police had to determine how many mobile phones he had. She argued that statements made in the FIR and the say of the IP can not be relied upon for the purpose of anticipatory bail application to determine whether the accused were present at the victim's residence or not and that it was still a matter of investigation.
The public prosecutor said that the FIR had to be registered as family members of Prakash Naik was putting pressure on police to register FIR and were refusing to take the body. She also sought to know why the applicant was afraid of custodial investigation. After completing the arguments, the Sessions court posted the matter for orders at 2:30 pm on Thursday, January 23.