A criminal appellate court granted bail to a life-convicted accused in a kidnapping case, noting prima facie confusion in the victim's identification and shaky evidence.
Released on bail of Rs. 10,000 with like solvent surety, subject to payment of fine.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1089 OF 2007
IN
CRIMINAL APPEAL NO.887 OF 2007
Naushad Alam Abbasi s/o Abdul
Jabbar Abbasi. ..Applicant.
Versus
The State of Maharashtra. ..Respondent.
Mr.Ganesh Gole, Adv. i/b. Mr.Waris Pathan, Adv. for
the Applicant.
Mr.A.R.Patil, APP, for the State.
CORAM : S.B.MHASE AND
SMT.V.K.TAHILRAMANI,JJ.
DATED : DECEMBER 17, 2007.
P.C.:-
1. Heard both sides.
2. This is a bail application by the convicted
accused in Sessions Case No.155 of 2006 from the file
of the Sessions Judge, Greater Bombay at Sewree. By
judgment and order dated 29th August, 2007, the
applicant-accused has been convicted under Section
364-A read with 34 of IPC and sentenced to undergo RI
for life and to pay fine of Rs.10000/- in default to
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suffer RI for three years.
3. The present applicant-accused was charged for
the offence under Section 364-A of IPC for kidnapping
Mohd.Adil, aged 5 years with an intention to cause
the said Mohd. Adil to be secretly and wrongfully
confined and threaten to cause death and/or to make a
demand of ransom of Rs.2,50,000/-. The
applicant-Naushad and accused Nasrul were the
accused. However, Nasrul is absconding and the trial
has been separated. In a separated trial as against
the applicant, the applicant has been convicted as
stated above.
4. We have perused the statement of the victim and
we prima facie find that the victim is not clear in
respect of the identity of the accused and he is
confused between Nasrul and Naushad. It is prima
facie seen that the boy was tutored and to that
effect the applicant-accused was shown to the boy by
his father. Therefore, prima facie the evidence on
record is rather shaky which persuades us to grant
bail to the applicant-accused. Apart from this we
find that during the trial the applicant was on bail
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and he has not mis-utilised the liberty. Therefore,
we find that during pendency of the Appeal also it
will be proper and appropriate to grant bail to the
applicant-accused. Hence the order :-
ORDER
(1) Applicant be released on bail of
Rs.10,000/- (Rs.Ten Thousand Only) with
like solvent surety. However, subject to
payment of fine amount as condition
precedent.
(2) Application is disposed of accordingly.[SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]
1 issue framed by the court
Whether bail should be granted to a convicted accused in a kidnapping case where victim identity appears confused and evidence is shaky.
Naushad Alam Abbasi
The State of Maharashtra
S.B.Mhase
V.K.Tahilramani
As recorded by the court registry
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