Dismissed
Mukhtar Tayyab Kazi v. the State of Maharashtra
Bombay HCAPPA/244/2017
Case brief
from the order text
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HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL…
What the court decided
AI extract
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11. cri appa 244-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 244 OF 2017 IN CRIMINAL APPEAL NO. 185 OF 2017
Mukhtar Tayyab Kazi
.. Applicant
Versus
The State of Maharashtra
.. Respondent
Appearances
Mr. Prosper D'Souza Advocate (appointed) for the Applicant Mr. H.J. Dedia APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 18, 2017.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
convicted under Section 302 r/w 34 of IPC for causing the
death of Fakir by strangulating him. The applicant is now
seeking bail.
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11. cri appa 244-17.doc
Dastgeer who is the complainant that Haseena and Mukhtar had gone to sugarcane field of Mukhtar. Then Fakir and Dastageer both went to search the accused Mukhtar and Haseena to the agricultural land of Mukhtar. Fakir proceeded from one way and Dastageer proceeded the other way. Dastageer stood on the road. Thereafter, he saw the applicant Mukhtar and Haseena coming out of the sugarcane
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crop. First, the applicant came out of the sugarcane crop. Dastageer asked the applicant why he was ruining their family i.e the family of Dastageer and Fakir. The applicant then ran away from the spot. After some time, accused No. 2 Haseena came out of the sugarcane crop. Dastageer inquired with her whether Fakir was in the sugarcane crop. Haseena replied that she did not know. Haseena then returned home, however, Fakir was missing. Dastageer told villagers that Fakir was missing after he went into the sugarcane crop.
5. On the next morning, PW 8 Siddhiq informed Dastageer
that Fakir was killed in the agricultural land of the applicant. Dastageer then went to the police station. Thereafter, they
went to the agricultural land of the applicant. There they found the dead body of Fakir lying under the Neem tree.
original accused No. 2 Haseena were having an affair. Both
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11. cri appa 244-17.doc
the applicant and Haseena were in the sugarcane crop of the applicant. Deceased Fakir went into the sugarcane crop of the applicant. Thereafter, the applicant and Haseena were seen coming out of the sugarcane crop field. After Fakir entered into the sugarcane field, he was not seen alive. The sequence of events shows that it was the appellant and Haseena who did away with Fakir. They also had motive to
kill Fakir which is brought on record by the evidence of PW
made by him to PW 8 Siddhiq and PW 9 Kazi.
to grant bail to the applicant, hence, the application is rejected.
is lodged in Kolhapur Central Prison, Kolhapur.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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Mukhtar Tayyab Kazi
The State of Maharashtra
V.K. TAHILRAMANI
M.S. KARNIK
As recorded by the court registry
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