NCLAT: Can’t Dismiss Restoration App. if Filed in 30 Days from Date of Dismissal of Original App.  ||  Delhi HC: Communication between Parties through Whatsapp Constitute Valid Agreement  ||  Delhi HC Seeks Response from Govt. Over Penalties on Petrol Pumps Supplying Fuel to Old Vehicles  ||  Centre Notifies "Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025"  ||  Del. HC: Can’t Reject TM Owner’s Claim Merely because Defendant Could have Sought Removal of Mark  ||  Bombay HC: Cannot Treat Sole Director of OPC, Parallelly with Separate Legal Entity  ||  Delhi HC: Can Apply 'Family of Marks' Concept to Injunct Specific Marks  ||  HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity  ||  Cal. HC: Order by HC Bench Not Conferred With Determination by Roster is Void  ||  Calcutta HC: Purchase Order Including Arbitration Agreement to Prevail Over Tax Invoice Lacking it    

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 2025 - All Rights Reserved