Spurious liquor deaths: Bombay HC grants bail to accused based on CA report

The Bombay High Court has granted bail to Vishwanath Bhandari, who was accused of supplying poisonous liquor resulting in the death of two individuals from Malegaon in October 2022. The court based its decision on the chemical analysis (CA) report, which indicated the absence of poison in the viscera and blood of the deceased.

Justice NR Borkar recently ordered the release of Bhandari on a personal bond of ₹25,000. After reviewing the CA reports, the judge stated, "No poison is detected either in the viscera or blood of the deceased. Considering the facts and circumstances of the case, I am inclined to release the applicant on bail."

This ruling came in response to Bhandari's appeal challenging the sessions court's denial of his bail application.

Background and Legal Proceedings

On October 30, 2022, two individuals died as a result of consuming illicit liquor (tadi or toddy). The Malegaon police subsequently registered a case against Bhandari under relevant sections of the Indian Penal Code and the Maharashtra Prohibition Act. Bhandari's advocates, Satyavrat Joshi and Shubham Mhatre, emphasized the favorable CA report and the absence of any incriminating evidence recovered from their client.

Prosecution's Argument and Incomplete Investigation

The additional public prosecutor, Rutuja Ambekar, argued that Bhandari and his co-accused had knowingly mixed a poisonous substance while distilling toddy, with the awareness that it could cause death. The prosecution claimed that Bhandari is a habitual criminal and has pending cases under the Prohibition Act. Ambekar also mentioned that a co-accused had implicated Bhandari as one of the main suppliers. The prosecution further contended that releasing the accused on bail could lead to him absconding, considering the ongoing incomplete investigation.