Bombay High Court Grants Bail to 73-Year-Old Murder Accused in Kolhapur
The Bombay High Court's Kolhapur bench has approved bail for Chandrakant Shelke, a 73-year-old man accused of murder, stating that the circumstantial evidence presented by the prosecution prima facie failed to establish a seamless chain of events. This decision comes in a case that has drawn significant attention due to its complex nature and the age of the accused.
Details of the Case and Arrest
Shelke was arrested in connection with the murder of 70-year-old Mohan Powar, who was found dead with his throat slit on September 4, 2025, at his residence in Hanuman Nagar, Kolhapur city. The incident came to light when neighbors noticed smoke emanating from the house. Authorities reported that a samai (brass oil lamp) had set fire to clothing, though it remains unclear whether this was a deliberate act to cover up the murder or occurred during the victim's struggle for life.
The police investigation revealed that Shelke, described as a friend of the deceased for decades, was captured in CCTV footage from the surrounding area. Additionally, law enforcement claimed to have recovered blood-stained articles from Shelke and asserted that he confessed to the crime during police interrogation.
Legal Proceedings and Bail Application
During the bail hearing, Shelke's lawyer argued that the entire case relied solely on circumstantial evidence, with no independent witnesses to corroborate the allegations. The accused had been in custody since the crime occurred. In contrast, the prosecution maintained that the CCTV footage implicated Shelke and, given the heinous nature of the crime, urged the court to reject the bail application.
Justice Sachin S Deshmukh, in his order, noted that apart from the CCTV footage, there were no independent eyewitnesses to the alleged incident. The order stated, "Moreover, there is nothing on record to establish the motive or intent of the application of the commission of the alleged crime. Therefore, the CCTV footage cannot be made the sole basis to withhold the liberty of the applicant and in any case genuineness of the same can be subject to matter of trial."
Court's Rationale for Granting Bail
Before granting bail to Shelke on a personal bond of Rs 50,000, the court emphasized that while the prosecution had gathered certain circumstantial evidence—such as alleged recoveries and Shelke's presence at the scene—this evidence failed to establish a seamless chain of events necessary to conclusively link him to the crime. The court highlighted the importance of preserving individual liberty pending trial, especially when evidence is not robust enough to warrant continued detention.
This ruling underscores the legal principle that bail should not be denied based on weak or incomplete evidence, and it sets a precedent for similar cases where circumstantial evidence is the primary basis for prosecution. The case will now proceed to trial, where the genuineness of the evidence will be thoroughly examined.
