Allowed

Mohammed Siraj Ahmed Pathan v. the State of Maharashtra

Bombay HC16 Jul 2013BA/1058/2013

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicant charged with murder under Section 302 IPC. Considering the delay in commencing the trial and the applicant's detention for over a year, the court released him on bail with a bond and a specific reporting condition.

What did the court decide?

Applicant released on bail in Rs.50,000 with one surety in like amount, to report to Kalwa Police Station every Sunday between 5.00 p.m. to 7.00 p.m.

Mohammed Siraj Ahmed Pathan Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2013)

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1/3 (9)BA-1058-13

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Tilak

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1058 OF 2013

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Mohammed Siraj Ahmed Pathan ... Applicant versus The State of Maharashtra ... Respondent

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Mr.G.N.Salunkhe i/b Dr.Prakash K. Deshmukh, Advocate for the applicant.

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Ms.R.M.Gadhavi, APP for the State.

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Mr.N.S.Landge, HC 2903 from Kalwa Police Stn, Thane City present.

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CORAM : ABHAY M. THIPSAY, J.

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DATED : JULY 16, 2013

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P.C.

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1 Heard Mr.G.N.Salunkhe, learned counsel for the applicant. Heard Ms.R.M.Gadhavi, learned APP for the State. With their assistance, I have gone through the application and the copy of the charge-sheet annexed thereto.

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2 On 31 March 2012, a dead body kept in a gunny bag was found by a Sub-Inspector of Police attached to Kalwa Police Station. The death appeared to be homicidal. The said Officer –

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2/3 (9)BA-1058-13

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Aaba Tulshiram Malche – therefore, lodged a report in respect of offences punishable under section 302 IPC, 201 IPC read with section 34 of the IPC. The identity of the dead body was established, and the police went to the house of the deceased. In the course of investigation, it was revealed that the wife of the deceased Smt.Badrunisa – a co-accused, and the present applicant were having illicit relationship. It was revealed that it is because of this, they had conspired to kill the deceased and that, in this killing, they were helped by the co-accused – Pankaj, who is said to be absconding.

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3 The case against the applicant rests on the statements of two children of the deceased. One of them is aged 10 years and the other, 8 years. I have gone through the said statements. A number of contentions have been raised by the learned counsel for the applicant as to the reliability of the version reflected in these statements. However, I do not wish to go deeper, and discuss the same. What, however, needs to be observed is that these statements have been recorded only on 4 April 2012 i.e about four days after the registration of the First Information Report.

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4 According to the version of the Investigating Agency, when the police went to the house of the deceased, and made inquiries about the whereabouts of the deceased, his wife Smt.Badrunisa – the co-accused – confessed of the offence and also disclosed information about the present applicant. It is apparent that the applicant has been arrested on the basis of the statement made by a co-accused, and it is only subsequently, that material in

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3/3 (9)BA-1058-13

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the nature of statements of the children of the deceased, was collected.

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5 The applicant’s blood stained shirt is said to have recovered from the house of the deceased on 4 April 2012.

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6 Considering all the relevant aspects of the matter, in the light of the fact that the applicant is in custody for a period of more than one year, and that the trial has not yet commenced, I think it fit to release him on bail subject to certain conditions.

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7 Application is allowed.

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8 Applicant is ordered to be released on bail in the sum of Rs.50,000/- with one surety in like amount, on the condition to report to Kalwa Police Station on every Sunday between 5.00 p.m to 7.00 p.m, till the disposal of the case against him.

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( ABHAY M.THIPSAY,J )

Mohammed Siraj Ahmed Pathan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohammed Siraj Ahmed Pathan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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