The accused, an auto-rickshaw driver, contended that he was only driving the auto at the relevant time and was not part of any criminal conspiracy with his passengers who actually committed the murder.
A Vacation Bench of Justices CT Ravikumar and Manoj Misra took note of the fact that only one out of 109 witnesses had been examined so far.
Hence, it granted relief to the accused, one Ganesh.
The Court was hearing an appeal against an August 2023 Bombay High Court order refusing bail to the accused
It was pointed out that the chargesheet had been filed in April 2018 after the accused was arrested in January that year. However, the charges were yet to be framed and the trial has barely commenced, it was stressed.
The accused contended that he was only driving the auto at the relevant time and was not part of any criminal conspiracy with his passengers who actually committed the murder.
The Supreme Court's judgment in the Indrani Mukerjea case was relied upon by the accused.
The Court after hearing the parties granted relief to the accused.