Bombay High Court
Ubed Jamal Shaikh vs State Of Maharashtra on 7 May, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:21553
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1643 OF 2024
Ubed Jamal Shaikh .... Applicant
Versus
The State of Maharashtra .... Respondent
______
Mr. Sanjiv Punalekar, Advocate a/w. Sachin Kanse i/b. Jyoti
Ghorpade for the Applicant.
Smt. Madhavi H. Mhatre, APP for the Respondent-State.
______
CORAM : SARANG V. KOTWAL, J.
DATE : 07th MAY, 2024
P.C. :
1. The Applicant is seeking his release on bail in
connection with C.R.No.777/2019 dated 8.10.2019 registered
at Malvani Police Station, Mumbai under sections 302, 397,
452, 341, 120-B read with 34 of IPC. The Applicant was
arrested on 14.10.2019. Since then he is in custody. The
investigation is over and the charge-sheet is already filed.
2. Heard Mr. Sanjiv Punalekar, learned counsel for
the Applicant and Smt. Madhavi Mhatre, learned APP for the
Respondent-State.
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Deshmane(PS)
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3. The case of prosecution is that between the night
of 7.10.2019 and 8.10.2019, four persons including the
present Applicant entered the house of one Kanchan Gupta.
She was strangulated and the accused committed robbery in
her house. They took away the gold chain, gold ear rings,
mobile phone of Redmi company and the amount of
Rs.1,50,000/- from her house. In the morning, her son came
back from his work to find that Kanchan was lying on the
floor. He immediately called his aunt and uncle who were
staying on the upper floor. Kanchan was taken to the hospital,
but, she was declared dead. On these facts, the FIR was lodged
against the unknown persons. The investigation was carried
out and during the investigation it was found that one Rafiq @
Sharif was knowing that Kanchan was having cash and
ornaments in her house. Therefore, he informed the present
Applicant and Abdul Rehman Shaikh. They committed the
murder and committed robbery.
4. Learned counsel for the Applicant submitted that
there is hardly any material against the present Applicant in
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the entire charge-sheet showing his complicity in the offence.
There is only vague evidence of recovery of ear ring. On that
basis it is difficult to conclude that the Applicant had
committed murder. At the highest it could be termed as
receiving stolen property. It is further submitted that the
identification of those ornaments is also not proper. He
further submitted that there is no other circumstance in the
nature of test identification parade etc.. In short, there is no
material against the present Applicant.
5. Learned APP submitted that the stolen property
was found with the Applicant. Therefore, there is a
presumption running against him. He will have to explain that
circumstance particularly when those ornaments were
identified by the sister of the deceased.
6. I have considered these submissions. The charge-
sheet contains statements of Pavan Gupta, Alluddin
Chaudhary, Mohd Abdul Mulla on the point that they had
seen Shafiq Khan bringing two unknown persons towards the
house of the deceased and pointing that house to those
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persons. The prosecution case appears to be that those
unknown persons were the two accused who had committed
the offence and the Applicant was one of them. However,
there is no connecting piece of evidence in the form of test
identification parade. Therefore, that circumstance at this
stage is not incriminating against the present Applicant. The
only material which needs serious consideration is about
recovery of ear ring. That memorandum panchnama was
recorded on 25.10.2019 and the Applicant had taken the
polilce to a room at Malad. The Applicant removed the clothes
and two ear rings. There is no connection of those clothes
with the offence as there is no C.A. report on record. However,
the ear rings were shown to the sister of the deceased on
18.12.2019. At that point, she has allegedly identified those
ear rings. That is the only circumstance against the present
Applicant. The prosecution will have to lead sufficient
evidence to connect that recovery with the commission of
murder. At this stage, there appears to be a weak material
against the present Applicant. The Applicant is already in
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custody since 14.10.2019. Therefore, the Applicant can be
released on bail. Learned counsel for the Applicant voluntarily
states that the Applicant shall furnish the local surety.
7. Hence, the following order :
ORDER
(i) In connection with C.R.No.777/2019 registered at Malvani Police Station, Mumbai, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two local sureties in the like amount.
(ii) The Applicant shall attend the concerned police station once in a fortnight for a period of one year from today.
(iii) The Applicant shall attend all the dates before the trial Court unless prevented by a reasonable cause.
(iv) The Application is disposed of accordingly.
(SARANG V. KOTWAL, J.) Deshmane (PS) Digitally signed by PRADIPKUMAR PRADIPKUMAR PRAKASHRAO PRAKASHRAO DESHMANE DESHMANE Date:
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