The single judge granted regular bail to the appellant in a murder case. The court found the accusation relied entirely on hearsay from witnesses who did not possess personal knowledge, with the Investigating Officer failing to trace the source of their information.
Application allowed; applicant to furnish personal bond and surety bond of Rs. 20,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 CriApln 950/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 950 OF 2012
Dattu s/o Bhau Jagdale
Applicant
V E R S U S
The State of Maharashtra
Respondent
Shri M.M. Neralikar, Advocate for the applicant
Shri S.G. Nandedkar, A.P.P. for the respondent/State
CORAM : A. H. JOSHI, J.
DATE : 21ST MARCH, 2012
PER COURT :
1. This is an application for regular bail.
2.Applicant has been arrested in furtherance of Crime
No.I-154 of 2011 of Parner Police Station, District Ahmednagar,
registered under Sections 302, 201 of I.P.C.
3.Heard both parties. Perused the record.
4. F.I.R. declares murder by unknown person.
5.It is seen that in the process of investigation, some
witnesses have named the applicant, as a person who had
2 CriApln 950/12
quarreled with the applicant/accused in the month of Shrawan on
some days prior to full moon day.
6.Witnesses stating the information indicated herein
before do not state it to be their personal knowledge. Their
say is not in the nature of ocular evidence. Their version is
in the nature of hearsay.
7.I.O. has not traced the persons from whom the
witnesses, who are naming the applicant, have received the
information.
8.In this situation, naming of the applicant as accused
in the present case turns out to be based on hearsay. It prima
facie appears that applicant may not be quilty of offence.
9.In the result, application succeeds.
10.This application is allowed in terms of prayer clause
‘B’. He shall furnish personal bond and surety bond in the sum
of Rs.20,000/- (Rupees Twenty Thousand).
( A. H. JOSHI, J. )
SRM/21/3/12
3 CriApln 950/12
2 issues framed by the court
Whether bail should be granted where the accusation is based solely on hearsay without ocular evidence or traced informants.
Whether prima facie innocence exists to warrant bail under Section 437 Criminal Procedure Code.
Dattu Bhau Jagdale
The State of Maharashtra
A. H. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court