Convicted duo granted bail due to circumstantial evidence and prolonged incarceration; stringent conditions imposed
In a significant development, the Bombay High Court, Circuit Bench at Kolhapur, has suspended the sentence of two individuals convicted in a high-profile child murder case. The court's decision was influenced by the circumstantial nature of the evidence presented by the prosecution and the prolonged incarceration of the accused, who have already spent over seven years in jail.
The case revolves around the tragic death of 10-year-old Gaurav, whose murder led to the conviction of his mother, Ashwini Chavan, and her colleague, Sachin Kumbhar. According to the prosecution, the murder was motivated by an alleged extramarital affair between Ashwini and Sachin, which the young boy had discovered. The prosecution claimed that the duo drowned Gaurav in a canal to prevent him from revealing their relationship to Ashwini's husband.
However, the High Court's judgment highlighted the weaknesses in the prosecution's case. The evidence presented was primarily circumstantial, with the alleged motive appearing weak. The court noted that Ashwini's husband, a key witness, had already been aware of the relationship, thereby undermining the motive proposed by the prosecution.
The judgment, delivered by Justices Milind N. Jadhav and Nandesh S. Deshpande, emphasized the need for a fair trial and the consideration of the accused's prolonged imprisonment, which stood at 7 years, 1 month, and 25 days. The court acknowledged the delay in the disposal of the appeals, filed in 2025, as a factor in its decision to grant interim relief.
The High Court imposed stringent conditions for the bail, requiring the accused to furnish a personal recognizance bond of Rs. 25,000 each, along with one or two solvent sureties. The accused must provide their residential addresses and contact details before release, report periodically to the trial court, and attend the High Court when the appeals are scheduled for final hearing. Non-compliance with these conditions could lead to the cancellation of bail.
Advocate Mr. Rizwan Merchant, representing one of the accused, expressed satisfaction with the court's decision, citing the importance of addressing the prolonged incarceration and the circumstantial nature of the evidence. The court's decision marks a pivotal moment in the case, as the appeals continue to await final disposal.
Bottom line:-
Suspension of sentence granted to accused convicted under Sections 302 read with 34 and 363 of IPC on the ground of circumstantial evidence and weak prosecution case, with stringent conditions imposed for bail.
Statutory provision(s): Sections 302, 34, and 363 of the Indian Penal Code, 1860; Section 389 of the Criminal Procedure Code, 1973
