KEYWORS : BOMBAY HIGH COURT, MURDER, EVIDENCE ACT
The Bombay high court has granted bail to man who was accused of murdering his girlfriend as police officer failed to collect DNA samples of girl’s heir to identify the recovered pieces of body.
The issue came to light when a missing person complaint was filed, alleging the disappearance of Rosina Pansare , also known as Kavita Chaudari. The accused named as Hanumant Ashok Shinde said that they had a love affair but there was continuous quarrel as women refused to marry.
The accused killed the women on 12 august 2021 and dismember the deceased body with tools such as knife and hex blade on 15 august 2021. He was arrested under prosecution filed against him for murder and destruction of evidence under sections 201,302,392 (Punishment for robbery) ,397,44 .
He filed the present application for bail under Section 439 of the CrPc.
The defence submitted that Shinde was arrested after Panchanama under Section 27 of the Indian Evidence Act for the recovery of body parts was conducted. They contended that the Panchanama was inadmissible as evidence, as section 27 relates to information received from the accused in police custody
The defence raised concern about lack of blood stains and DNA reports , there was no sample collected for Class-I heirs of the deceased so it was difficult making the identification process.
The court also said that the admissibility of the Panchanama under Section 27 needed to be determined during the trial.
Due to the lack of sufficient material against Shinde at his stage, the court granted him bail on personal recognizance bond of Rs. 25,000 /-. Shinde was ordered to attend all court dates and mark his presence before the investigation officer on the first Saturday of each month until the trial concludes.[1]
Written by: Soumya Pandey College Name: NMIMS, SOL, Bengaluru, Semester: 3rd legal intern under Legal Vidhya
[1] LAW LIVE https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-man-accused-of-chopping-girlfriends-body-gets-bail-234234
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