HC grants bail to man arrested for killing cousin, dumping body in an open plot

The Bombay HC granted bail to Rahul Shah, accused of murdering his cousin, citing lack of eyewitnesses and prolonged incarceration of nearly five years.

MUMBAI: The Bombay high court (HC) on Wednesday granted bail to a 25-year-old man arrested in November 2019 for the allegedly killing his cousin brother by stabbing him multiple times before concealing the body in a sofa and subsequently disposing of it at an open plot. The court granted bail to him over lack of eyewitness testimony and the circumstantial nature of the evidence.

HT Image

The accused, Rahul Shah, was charged under sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code, 1860, following the discovery of the body, which was identified as that of his cousin. The police investigation raised suspicions regarding Shah’s involvement, leading to his arrest and the filing of a chargesheet in January 2020.

On November 13, 2019, at approximately 8:00 AM, a security supervisor arrived at his workplace and was later informed about a foul odour emanating from a drain near a vacant BMC plot. Upon inspection, the supervisor discovered a human body concealed beneath garbage along the roadside adjacent to the drain. The body was partially covered with leaves, revealing only the right shoulder and part of an arm.

During the investigation, on November 17, 2019, sub-inspector Bhosale received confidential information regarding the suspected perpetrator. Following further inquiry, authorities identified Shah as a suspect. It is reported that Shah confessed to the crime, revealing that the deceased, Durgesh Anand Mohan Jaiswal, aged 25, was his cousin.

Additional public prosecutor Mayur Sonavane asserted that substantial evidence existed to support the prosecution’s case, highlighting that Shah inflicted 15 stab wounds on the victim during a dispute. He emphasised that, despite the absence of eyewitnesses, there was sufficient circumstantial evidence indicating Shah’s culpability.

In contrast, Shah’s legal representatives, advocates Pranay Saraf, advocate Diptendu Bose, and advocate Puneet Fonia, contended that the prosecution’s case relied solely on circumstantial evidence, arguing that the circumstances presented did not definitively implicate Shah. They noted that he had already endured nearly five years of incarceration and that charges had yet to be framed, despite delays in court proceedings.

The defence further cited a legal precedent that allows for the granting of bail to undertrials who have faced prolonged incarceration, especially when the possibility of a swift trial is remote.

Justice Manish Pitale, presiding over the case, remarked on the lack of eyewitness testimony and the circumstantial nature of the evidence. He pointed out that, although a charge sheet had been filed, the trial had not progressed due to repeated failures to produce the accused in court. Justice Pitale observed that the trial could not be completed within a reasonable time. The applicant has undergone incarceration for almost five years, has no prior criminal record, and was only 19 years old at the time of the incident. Consequently, the court granted bail to Shah, stipulating that he furnish a personal recognisance bond of ₹25,000 along with one or two sureties of the same amount to the satisfaction of the trial court.