The High Court granted bail to the applicant accused of murder conspiracy involving a contract killing. The conviction charge relied on circumstantial evidence with inconclusive forensic reports. Other co-accused had already been granted bail.
Bail granted on PR bond of Rs. 30,000 with one or two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13-BA-1374-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1374 OF 2022
Asif Nasir Shaikh ...Applicant
Versus
The State Of Maharashtra ...Respondent
__________
Ms.Sana Shaikh a/w Ms. Maya U. a/w Ms. Anuradha Nigam, Pratik
Thadani, Kusum Shah Advocate for the Applicant.
Mr. Y. Y. Dabke, APP for the Respondent-State.
Digitally signed by ETHAPE ETHAPE DNYANESHWAR DNYANESHWAR ASHOK ASHOK Date: 2023.10.13 16:46:09 +0530
CORAM :SHIVKUMAR DIGE, J.
DATE :10th OCTOBER, 2023
P.C.:
1. By this application, the applicant is seeking bail in Crime
No.645 of 2020 registered with Mulund Police Station, Mumbai for
the offences punishable under Sections 302 and 120(B) of the Indian
Penal Code, 1860.
2.It is prosecution’s case that on 2nd October 2022 father of the first
informant was murdered by unknown persons. In investigation, police
arrested the applicant and co-accused in connection of the present
crime. It is alleged that the applicant and co-accused hatched the
conspiracy to kill the deceased and applicant had accepted contract to
kill the deceased on payment of Rs. 70,000/-. The amount was accepted
from accused Nos. 1 and 2.
D.A.Ethape, P.A. 1
13-BA-1374-2022.doc
3.It is the contention of learned Advocate for the applicant that the
prosecution case is based on circumstantial evidence. Co-accused have
been released on bail by this Court and the trial Court. It is alleged that
the knife allegedly used in the crime is recovered at the instance of the
applicant and blood stains was found on that knife. The FSL report show
it is inconclusive. The applicant is behind bar more than three years.
Hence, requested to allow the application.
4.It is the contention of learned APP that the applicant had taken
contract to kill the deceased from accused Nos.1 and 2. Accordingly, the
applicant killed the father of the first informant. The knife used in the
crime is recovered at the instance of the applicant. There is prima faice
case against the applicant. Hence, requested to reject the application.
5.I have heard both learned Counsels, perused FIR and charge-
sheet.
6.The prosecution case is based on circumstantial evidence. The
allegations against the applicant is that he had taken contract to kill the
father of first informant. The knife used in the crime is recovered at the
instance of the applicant. FSL report shows that the blood stains found
on the knife are inconclusive. Four other co-accused have been granted
bail. The applicant is behind bar more than three years. It may take time
to conclude trial.
7. Considering the above facts, his further detention is not required. D.A.Ethape, P.A. 2
13-BA-1374-2022.doc
Hence, I pass the following order:-
ORDER
(i)Applicant be enlarged on bail in Crime No.645 of
2020 registered with Mulund Police Station, Mumbai, on
executing PR bond in the sum of Rs.30,000/- with one or
two sureties in the like amount;
(ii)Applicant shall attend the concerned police station
once in a month i.e. on first Monday between 11.00 a.m. to
3:00 p.m. till framing of charge.
(iii)Applicant shall inform his latest place of residence and
mobile number immediately after being released and/or
change of residence or mobile details, if any, from time to
time to the Investigating Officer.
(iv)Applicant shall not tamper with the evidence or
attempt to influence or contact the complainant, witnesses
or any person concerned with the case.
(v)The application is allowed in the aforesaid terms and
is accordingly disposed off.
8. All concerned to act on the authenticated copy of this order.
[SHIVKUMAR DIGE, J.]
D.A.Ethape, P.A. 3
1 issue framed by the court
Whether bail should be granted to the applicant facing murder conspiracy charges where further detention is deemed unnecessary.
1 provisions across 1 enactments
Asif Nasir Shaikh
The State Of Maharashtra
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court