The High Court has granted bail to murder-accused Nitin Dina Gadekar, ruling that his prolonged four-year incarceration without a progressing trial violated his fundamental right to a speedy trial under the Constitution of India.
Nitin Dina Gadekar, a resident of Baga, Bardez, was arrested on 14 November 2021 by the Calangute Police for allegedly murdering 57-year-old Joseph Fernandes. Accused Nitin Dina Gadekar is facing trial for murder, voluntarily causing hurt, intentional insult, and criminal intimidation.
Representing the accused, Adv. Rohan Desai and Adv. Arya Parrikar argued for bail on the grounds of an excessively delayed trial. The defence pointed out that, of 29 listed prosecution witnesses, only nine had been examined so far. Crucially, the prosecution’s two primary witnesses have remained untraceable despite multiple court summonses.
The prosecution, speaking on instructions from the investigating officer, conceded to the High Court that the state has been unable to locate or serve summons on these two vital witnesses since 2023. Their current whereabouts remain unknown. Acknowledging that the trial is likely to take substantial time given the absence of key witnesses, the High Court, in the order granting bail, highlighted the State’s constitutional obligation to ensure prompt justice.
The High Court observed that “speedy trial is one of the facets of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. It is the obligation of the State to devise such procedures as would ensure a speedy trial to the accused.†The High Court noted that Gadekar had spent nearly four years in judicial custody at the Modern Central Jail in Colvale and had no prior criminal antecedents. Given these circumstances, the court deemed the invocation of the right to a speedy trial entirely justified. While allowing the bail application, the High Court imposed strict conditions to ensure Gadekar does not interfere with ongoing proceedings and directed that the accused must furnish a personal bond of ₹50,000 with one surety of the same amount to the satisfaction of the Mapusa Sessions Court.
