Chintan can access statements of witnesses: Bombay HC

Mumbai: The Bombay high court has directed the Mumbai Crime Branch to provide copies of witness statements to artist Chintan Upadhyay, who was arrested in the case related to the 2016 murder of his estranged wife and her lawyer. The court, while hearing the Upadhyay’s application, observed that an accused was entitled to the copies of statements of witnesses that were being relied upon by the prosecution.

Upadhyay’s wife Hema, an installation artist, and her lawyer Haresh Bhambani were killed on December 11, 2016 and their bodies were disposed of in cardboard boxes, which were found in a drain in suburban Kandivali. Police have arrested Chintan as well as other three accused in the case. Upadhyay approached HC after Dindoshi session’s court had rejected his bail last year. A single bench of Justice Sadhana Jadha on last week was hearing bail application of Chintan Upadhyay. He had claimed that he was not given copies of statements, which, according to him, are vital in proving his innocence in the case.

“The accused person would be entitled under law to have copies of statements of all witnesses which are being relied upon by the prosecution. The prosecution cannot withhold the same,” Justice Jadhav said.

The HC has kept the bail plea for hearing on February 24 and directed the prosecuting agency to provide copies of statements to the accused. The high court also permitted the intervening application filed by Bhambhani’s family members opposing Upadhyay’s bail application.