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Synopsis

A single-judge bench of the Bombay High Court comprising Justice SM Modak has recently granted bail to a man accused of murdering another man while luring him by offering a job after the police informed the court that there was no evidence recovered against him.

"There is no recovery at the instance of the present Applicant. The materials quoted above are not sufficient warranting further detention of the Applicant," the court noted.

The accused was initially booked under Section 326 of the Indian Penal Code. However, after the victim died, a crime against Section 302 was registered. 

The victim was a need of a job in 2021 and the accused was working with a company called Job Street Recruitment. The company used to call persons in need of employment and they used to assist such persons. The deceased was called under the same pretext, however, he was assaulted and there is an attempt to rob him. 

The prosecution alleged that the accused had snatched the bag of the victim and had run away. Further, it was alleged that the accused threw the bag while running away which was handed over to the police by a watchman. 

The court while granting bail in its order recorded that the seizure of the bag was not in accordance with Section 27 of the Evidence Act.

"The prosecution claims that this bag was seized on 17th September 2021. The prosecution wants to connect the present Applicant to seizure of this bag but it is fact that this seizure is not under the memorandum as contemplated under section 27 of the Evidence Act," the court recorded.

The high court while granting bail directed the accused to furnish a personal bond of Rs. 25000 and also asked him to not threaten the witness. 

Case title: Sagar Chandramauli Ponnala vs State of Maharashtra