Criminal bail application in a murder case where the body was decomposed. The court held there was no specific admissible evidence against the applicant and granted bail upon furnishing a bond with sureties.
Applicant directed to be released on bail by furnishing a PR bond of Rs.30,000/- with one or two sureties in the like amount.
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.
57-BA-356-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 356 OF 2021
Kailas Jethu Phasale .... Applicant Versus The State of Maharashtra .... Respondent
Mr. Rameshwar Gite, for the applicant. Smt. J.S. Lohokare, APP for the State/Respondent.
CORAM :SARANG V. KOTWAL, J. DATE : 23rd MARCH, 2021
P.C. :
connection with C.R.No. I-77 of 2020 registered at Ghoti Police Station, Nashik, on 13/6/2020 under sections 302, 506, 201, 120B
read with Section 34 of the Indian Penal Code. The applicant was arrested on 14/6/2020 and since then he is in custody. The investigation is over and the charge-sheet is filed.
applicant and Smt. J.S. Lohokare, learned APP for the State.
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Changuna’s daughter was to get married with the present applicant. But her daughter had affair with the deceased Pandit Khadke. This relationship was not acceptable to Changuna. Therefore, she conspired with the present applicant and three others and committed murder of the deceased. According to their plan, on 26/05/2020, in the evening accused nos. 2 and 3 brought the deceased to a secluded spot in jungle. He was made to drink liquor. After that accused Nos. 2, 3 and 5 committed his murder by throttling him. After that they threw away his body in deep woods.
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applicant. The prosecution story is developed only on the statements made by co-accused under section 27 of the Evidence Act.
assistance of learned Counsel, I have perused the entire chargesheet. The post mortem notes do not show any cause of death because the dead body was highly decomposed.
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was committed.
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11. Hence the following order.
O R D E R
(i) In connection with C.R. No.I-77 of 2020 registered with Ghoti Police Station, Nashik, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30, 000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) The application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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3 issues framed by the court
Whether the applicant can be released on bail given the lack of specific admissible evidence against him.
Whether the prosecution's reliance on co-accused statements and recovered items establishes sufficient case against the applicant.
Whether the applicant deserves bail in a murder investigation where the cause of death could not be ascertained due to decomposition.
Kailas Jethu Phasale
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
