E-Paper
Bhima River murders: HC grants bail to fifth accused, cites lack of direct evidence
According to the prosecution, seven bodies were found floating on the eastern bank of Bhima river within the jurisdiction of Pargaon police station in Pune district, between January 18 and January 24, 2023.
MUMBAI: The Bombay high court on Thursday granted bail to a woman, accused in the alleged murder of severn family members whose bodies were found floating in Bhima river in January 2023. Noting insufficient evidence directly linking her to the killings, the court granted Kantabai Pawar bail on the condition not to enter Beed district, where remaining members of the victims’ family reside.
According to the prosecution, seven bodies were found floating on the eastern bank of Bhima river within the jurisdiction of Pargaon police station in Pune district, between January 18 and January 24, 2023. The police identified the bodies as that of the family members of one Mohan Pawar.
Alleging enmity between the family of the deceased and the family of one Dhananjay Ashok Pawar, who had expired on September 27, 2022, the police arrested several suspects.
Relying upon the statement of Rahul, son of Mohan Pawar, the prosecution claimed that on January 17, 2023, Mohan was travelling with the main accused, Ashok Pawar, and his brothers and was in talks with them to resolve an old family dispute through the community panchayat. However, his phone was later found to be switched off.
Kantabai Sarjerao Jadhav, Dhananjay’s sister, was accused of being present during the crime.
Another witness, Suraj Jagtap, had informed the police that the accused had threatened to kill Mohan’s family. Further, relying on the DNA report, the authorities found out that Kantabai was present in the van which was used to commit the crime.
Counsel representing Jadhav submitted that there is no direct evidence against the applicant. He added that she was linked to the incident based on a telephonic call, as stated by Rahul. However, no CDR has been presented to prove the allegation.
On the other hand, additional public prosecutor AA Gawai submitted that the sample taken from the van matches the DNA profile of Jadhav. Therefore, her involvement in the crime, the circumstances connected through the various statements recorded and the DNA report, coupled with the van recovered at the instance of Shyam Pawar is sufficient material against Jadhav that she was present at the time of the incident.
The single judge bench of justice Gauri Godse noted that except for Rahul Pawar and Suraj Jagtap’s statements, none of the witnesses has named Jadhav. It dither noted that there is neither any recovery from Jadhav, nor is there any evidence against her. “Circumstantial evidence is not shown to be connected by any other material to connect the applicant with the incident. There is no complete chain of circumstances to show the involvement of the applicant in committing the crime”, the court said.
The court took note of the residence of the witnesses and the family of the victim, which falls in Khamgaon village in Beed District, while the trial is being conducted at Baramati. Hence, noting that Jadhav has been incarcerated since January 25, 2023, the court said that she can be put to the terms that she would not enter the jurisdiction of Beed District where the victims’ family and the witnesses are residing.
“Hence, in view of the aforesaid facts and circumstances, the applicant has made out the case for the grant of bail”, the court stated while granting bail to Jadhav on furnishing a personal hold of ₹50,000 and barred her from entering the jurisdiction of Beed district till the conclusion of the trial.
