Background Matrix 

In the case of Hanumant Ashok Shinde v. State of Maharashtra a request for bail under Section 439 of the Criminal Procedure Code of 1973 in a case including crimes under Sections 201, 302, 392, 397, and 44 of the Penal Code of 1860 and Sections 37(1)(3), 135 of the Maharashtra Police Act of 1951 read with Sections 4(25) and 27 of the Arms Act of 1959. The man accused of murdering a female with whom he admitted having a love affair submitted a bail application. On 12-08-2021, he reportedly choked her to death. On 15-08-2023, he allegedly used two bags and a bedsheet to dispose of her corpse after cutting it into various pieces with a knife.

Analysis of Court Verdict 

Justice Amit Borkar of the Bombay High Court’s Single Judge bench determined that there was not enough evidence to support the applicant’s continued imprisonment at this time.

A chargesheet was issued once the inquiry was finished, and the appellant’s application under Section 439 of the CrPC was denied. The prosecution failed to get DNA samples from the deceased’s heirs, and the body parts that were found were entirely decayed, the court observed after reading the chargesheet. The court emphasised that, at least initially, there were no blood stains on the scene or anywhere else where the claimed crime of body-part slicing was allegedly committed. Additionally, a decision on the Panchnama’s admissibility under Section 27 had to be made during the trial to allow the prosecution to present evidence regarding the precise timing of the Panchanama, the arrest, and its consequences.

The court stated that the identification of the deceased’s completely decomposed corpse needed to be resolved during the trial and that the evidence on file was initially inadequate to justify the applicant’s continued custody after his arrest on August 24, 2021. The petitioner had a strong argument, according to the court, for being granted bail. The applicant is accused of killing his live-in spouse and discarding her chopped body, and the court granted the immediate application and ordered his freedom. The applicant’s compliance with several bail terms was also stated by the court.

CASE NAME – Hanumant Ashok Shinde v. State of Maharashtra, Bail Application No. 1883 of 2023