Bombay High Court at Goa grants bail to Petitioner after 4 years of incarceration
Title: Jagdish Dhodamani v. Police Inspector
Decided on: September 11, 2023
Citation: 2023 SCC OnLine Bom 1974
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
This is an application for bail. The applicant was arrested on 18.02.2019 in connection with offence under Section 302, 201, 120-B of IPC. The accused no. 1 and 2 were involved in extramarital affair who murdered the husband of accused no. 1. Several pieces of evidence like rope, acid and CCTV recording were retrieved. However, the applicant submitted that the case is based on circumstantial evidence. The applicant was only accompanying the co-accused and aided and abetted in commission of crime and destroying the evidence. The applicant has been in custody for a period of about 4 years while the co-accused.
Court Analysis and Judgement:
While the Court agreed with the investigation that revealed that the applicant was one of the occupants of the car who was accompanying the co-accused. However, since the co-accused who attributed similar role in the offence, have been granted bail by this Court. Since the applicant has been in custody for substantial period of time. And only five witnesses out of 68 witnesses have been examined. Case for grant of bail is made out. Applicant released on bail.
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Written by- Reema Nayak
