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Home Criminal

Bail – Granted – Admissibility of Panchanama under Section 27 requires further examination during trial. 2023 PLRonline 0107 (Bom.)

by PLRonline
August 5, 2023
in Criminal, Evidence Act
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Bail – Charge-sheet reveals that no DNA sample was collected from Class-I heirs of the deceased –  The body parts were completely decomposed, and there are no blood stains at the alleged crime scene –  Admissibility of Panchanama under Section 27 requires further examination during trial to determine its validity as the prosecution needs to be given opportunity to lead evidence about exact time of the Panchanama and the arrest and its effect – Considering totally decomposed body of the deceased, the  identification of that needs to be decided during trial – Evidence on record is currently insufficient to justify their continued detention –  Applicant’s arrest occurred in 2021, and with charges yet to be framed (2023), the trial may be prolonged –  Bail granted – Evidence Act, S. 27. 2023 PLRonline 0107 (Bom.)

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