The South Goa Sessions Court has granted regular bail to Sushant Shirodkar, arrested in an alleged attempt-to-murder case, after finding that the police failed to comply with statutory and constitutional mandates governing arrest procedures.
While granting bail, the court held that non-compliance with the mandatory arrest safeguards under the BNSS rendered the accused’s arrest and continued custody illegal, warranting his immediate release on bail.
According to the prosecution, on April 4, 2026, at Vollant, Cortalim, the accused, Sushant Shirodkar, assaulted his cousin, Gokuldas Shirodkar, and stabbed Gokuldas’s daughter in the back and head, causing injuries to her lungs.
The Verna Police registered a case of attempt to murder and arrested Shirodkar later that evening. After the investigation was completed, a charge sheet was filed before the court.
Chief Legal Aid Defense Counsel Anisha Simoes, appearing for the accused, argued that the arrest was procedurally flawed. She submitted that the investigating officer failed to prepare a formal Memorandum of Arrest, as required under Section 36 of the BNSS. She further pointed out that the grounds of arrest were not furnished to the accused in writing in a language he understood, and that no relative or local respectable person had signed the arrest memo.
The prosecution opposed the bail application, arguing that the charges were heinous and supported by medical evidence. It contended that the victim had suffered severe lung damage and expressed concern that Shirodkar, who resides in the same neighbourhood, might intimidate key witnesses or commit further offences if released. The prosecution also produced an arrest intimation letter signed by the accused’s brother to show that the statutory requirements had been complied with.
In its assessment, the court emphasized that the personal liberty guaranteed under the Constitution requires strict procedural compliance.
The court held that a mere recital stating that the grounds of arrest, written in English, were read out to the accused in Konkani does not satisfy the legal requirement to furnish written grounds in a language understood by the arrestee. It observed that although the alleged offence was grave, statutory procedures are mandatory safeguards and not empty formalities; a breach cannot be overlooked merely because a charge sheet has been filed.
Consequently, the court ordered Shirodkar’s release on a personal bond of ₹50,000, with two sureties of ₹25,000 each. To protect the prosecution’s case, the court barred Shirodkar from entering the complainant’s residence at Vollant, Cortalim; prohibited him from contacting the victims or witnesses, whether physically or digitally; directed him to surrender his passport; and restrained him from leaving Goa without prior permission.