The Bombay High Court grants bail to accused charged with murder due to prima facie lack of evidence in the form of DNA report and hardcore evidence for accusations made.
Title: Hanumant Ashok Shinde v. State of Maharashtra
Decided on: July 24, 2023
Citation: 2023 SCC OnLine Bom 1552
CORAM: HON’BLE JUSTICE AMIT BORKAR
Introduction
The Bombay High Court grants bail to accused charged with murder due to prima facie lack of evidence in the form of DNA report and hardcore evidence for accusations made against him.
Facts of the Case
This case is an application for bail under Section 439 of the Criminal Procedure Code, 1973 for offences punishable under Section 201, 302, 392, 397, 44, and Section 37(1) (3), 135 of Maharashtra Police Act, read with section 4(25) 27 of Arms Act. 2. The deceased, Rosina Pansare Aka Kavita Chaudhari had been missing from 8 August 2021. After investigation, it was found that the applicant was having love affair with the deceased. Because of refusal to perform marriage, there were frequent quarrels between the applicant and the deceased. It is alleged that on 12 August 2021, at about 8.00 pm, applicant killed the missing by throttling. On 15 August 2021 he cut the body of the missing using Scythe, Knife, Hexa, blade and disposed off the parts in various places. He used a tempo to get rid of the sacks and bedsheets.
Court Analysis and Judgement:
The Court recognised the fact that there was no blood stain were found either at the place of alleged incident or in the tempo. There is no DNA report to conclude that the body parts recovered were of missing Rozina Pansare Aka Kavita Chaudhari. There is no DNA sample of Class-I heir on record to match the DNA of body parts recovered. The case is based on circumstantial evidence. The body parts recovered were completely decomposed. The Court held that considering totally decomposed body of the deceased and prima facie, the material on record against the applicant is not sufficient at this stage to warrant his further detention. Also, the Court found that the applicant was arrested on 24 August 2021. The charges are yet to be framed. It is unlikely that the trial will be over in near future. Therefore, the Court held that on overall consideration of facts, the accused was eligible for release on bail for 25000 Rs.
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Written by- Reema Nayak
