SC: Section 22 of Hindu Succession Act Preference For Class-I Heirs Applies to Agricultural Land  ||  Supreme Court: Refund Clause in Sale Agreement Does Not Extinguish Right to Specific Performance  ||  SC Clarifies When a Probate Application Filed After a Testator's Death is Time-Barred  ||  Madras HC: Coordinate Bench Cannot Reopen Issue Already Settled by Another Division Bench  ||  Delhi HC Urges Law to Regulate Media, Notes Anyone with a Mobile Phone Can Claim to be a Journalist  ||  CCI Rejects Allegations of Collusion Involving Reliance Jio and More Than 4,500 Entities  ||  Allahabad HC: Working Mother with Child Custody Cannot Shift Entire Maintenance Liability to Father  ||  Bombay HC: Possessory Suit U/S 6 of the SRA is Maintainable Despite a Licensor-Licensee Relationship  ||  Del HC: Master's Candidates Without the Prescribed Bachelor's Degree are Ineligible as Govt Teacher  ||  Cal HC: BSF Cannot Deny DIG Rank to an Officer Injured in 1995 Road Accident After Earlier Promotion    

Somnath Bhimrao Jalak vs. The State Of Maharashtra - (High Court of Bombay) (29 Jun 2022)

Dying declaration is a substantive piece of evidence, it can form the sole basis of conviction, provided it is found to be genuine and trustworthy

MANU/MH/2131/2022

Criminal

Present is an application to enlarge the applicant on bail in case registered with Indapur Police Station, District Pune, for the offences punishable under Sections 302, 307 and 342 read with Section 34 of the Indian Penal Code, 1860 (IPC). The applicant has preferred present application for bail on the ground that the allegations of the applicant and co- accused of having abducted the deceased were found to be false by the investigation agency. In fact, a major part of the statement of the deceased was found untrue. The case set up by the prosecution on the basis of the alleged dying declaration is inherently improbable. There is no prima facie material to connect the applicant with the crime. Therefore, the applicant deserves to be released on bail.

A substantial portion of the deceased's version was not borne out by the material unearthed during the course of investigation. The witnesses simply do not state about the presence of the applicant and the co-accused at the said spot.

Undoubtedly, dying declaration is a substantive piece of evidence. It can form the sole basis of conviction, provided it is found to be genuine and trustworthy. In the case at hand, prima facie, a substantial part of the assertion in the dying declaration is rendered incorrect by the material collected by the investigating agency itself. Apart from the dying declaration, there is no other material to connect the applicant with the crime. Investigation is complete for all intent and purpose. Charge-sheet has been lodged. Further detention of the applicant does not seem to be warranted.

It is true that a couple of offences seem to have been registered against the applicant. However, the substance and nature of the accusation in the case at hand, cannot be lost sight of. Present Court, therefore, persuaded to exercise the discretion in favour of the applicant and release him on bail. Application allowed.

Tags : INVESTIGATION   BAIL   GRANT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved