SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation  ||  Supreme Court Sets Aside Conviction of Four Men in a 1998 Gang Rape Case  ||  Supreme Court: Privy Purse Privileges of Princely Rulers are Not Enforceable Legal Rights  ||  Delhi HC: Repeated Court Summons May Distress and Re-Traumatize Child Sexual Assault Victims  ||  Jammu and Kashmir High Court: Labeling Someone as a Terrorist Associate Amounts to Defamation  ||  Delhi HC: Setting Aside or Altering a Judge’s Order by a Higher Court Doesn’t Affect Their Integrity  ||  Delhi High Court: Accused Cannot be Faulted For Smart Replies; Interrogator Must be Sharper  ||  Supreme Court: Belated Jurisdictional Challenge Impermissible After Participation in Arbitration  ||  Supreme Court: Failure to Prove Specific Overt Acts of Each Unlawful Assembly Member Not Fatal  ||  Supreme Court: Parental Salary Alone Cannot Determine OBC Creamy Layer Status    

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