Bombay High Court
Imtiyaz Faizul Rehman Shaikh @ Baaza vs The State Of Maharashtra on 16 July, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 952 OF 2021
Mr. Imtiyaz Faizul Rehman Shaikh @ Baaza ... Applicant
versus
The State of Maharashtra .... Respondent
.......
Ms. Jyoti R. Shahu, for the Applicant.
Mrs. M. R. Tidke, APP for State- Respondent.
P.S.I. D. B. Kadu, Shivaji Nagar Police Station, Mumbai present.
.....
CORAM : SARANG V. KOTWAL, J.
DATE : 16th JULY, 2021
(Through Video Conferencing)
P.C. :
. The applicant is seeking his release on bail in
connection with C.R.No.612/2019 registered at Shivaji Nagar
Police Station, Mumbai on 28th December 2019 under Sections
307, 323 and 34 of Indian Penal Code (for short "IPC").
Subsequently, after death of the injured Section 302 of I.P.C. was
added.
2. Heard Ms. Jyoti R. Shahu, learned Counsel for the
Manjusha
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applicant and Mrs. M. R. Tidke, learned APP for State.
3. The F.I.R. was lodged on 28 th December 2019 by one
Zeenat Ansari, who was the wife of the deceased Iqbal alias Pappu.
She is not an eye witness. She came to know about the incident in
the night between 26th and 27th December 2019. In the morning at
about 4.00 a.m., she came to know that her husband Pappu alias
Iqbal was admitted to Rajawadi Hospital. She went there. She
came to know that her husband was already discharged from
Rajawadi Hospital and was taken to a private hospital namely Sai
Hospital at Chembur. She went there. He had suffered one injury
below his armed pit on the right side. The injured Iqbal was not
responding to treatment. Therefore, he was taken to Sion Hospital,
Mumbai by the first informant. In the Sion Hospital, the informant
came to know that there was some quarrel between Iqbal and the
applicant and at that time, the applicant had stabbed Iqbal. He was
helped by the other accused Khushnoor. On this basis, F.I.R. is
lodged.
4. The injured succumbed to his injuries on 2 nd January
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2020 and thereafter, Section 302 of I.P.C. is added.
5. Learned Counsel for the applicant submitted that there
was no intention to commit murder of the deceased as far as the
applicant is concerned. The statements of the eye witnesses show
that the incident had occurred at the spur of moment in a sudden
fight. Their statements also indicate that the applicant himself had
made efforts to take the injured to a private hospital for better
treatment. Learned Counsel therefore, submitted that the offence
can not fall within the definition of 'murder'. The applicant is in
custody since 8th January 2020. The investigation is over and the
charge sheet is filed. Therefore, some leniency may be shown to
him.
6. Learned APP opposed this application. She submitted
that there are three eye witnesses to the incident. The offence is of
murder therefore, bail should not be granted to him.
7. I have considered these submissions and in particular I
have considered the statements of eye witnesses Anil Kishan
Chandra, Sabir Ali and Irfan Shaikh. Statements of Anil and Sabir
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Ali show that on 26th December 2019 at about 11.30 p.m. all of
them were present at Shivaji Nagar taxi park. At that time, present
applicant, Khushnoor and others were present there. At that time,
a quarrel started between Iqbal and the present applicant and
they were abusing each other. The applicant and Khushnoor
started beating Iqbal with hands. Suddenly, the applicant took out
a sharp weapon and stabbed Iqbal below right armpit and then he
ran away. These witnesses Anil and Shabbir took the injured to
Rajawadi Hospital, Ghatkopar. Iqbal's wife was informed.
Interestingly, these statements further mentioned that all the
abovenamed persons came to the hospital. At that time, the
applicant was also present and he suggested that the injured be
taken to a private hospital. Accordingly, the injured was taken to
private hospital at Chembur. The statement of Irfan also refers to
some conversation between the injured Iqbal and the accused i.e.
the present applicant and Khushnoor. Iqbal was telling the
applicant that if the applicant returned Rs.3.5 Lakh and if he paid
the expenses for Iqbal's treatment, he would not lodge the F.I.R.
against him. At that time, the applicant had agreed and had left
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the hospital. After that, the injured Iqbal was taken to Sion
hospital and then he succumbed to his injury. The Post Mortem
notes which are produced by learned APP today are taken on
record and marked "X" for identification. There are nine injuries.
Most of them are therapeutic wounds and scratch abrasions. The
main injury appears to be the one attributed to the present
applicant i.e. the stab wound. There were sutures. The Post
Mortem mentions that there was one horizontally sutured wound
and one vertically placed suture wound. It indicates that the
applicant had inflicted one stab injury on the injured. The cause of
death was mentioned as shock and hemorrhage following stab
injury to chest and abdomen associated with pneumonia.
8. It appears that the incident had occurred on the spur of
moment in a sudden fight. According to the eye witnesses, the
applicant gave one blow which ultimately resulted in his death.
But he survived for a couple of days and in the mean time, there
was negotiation between the deceased and the applicant. The
significant feature is that the applicant was instrumental in taking
the deceased to a private hospital for better treatment. All this
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indicates that the applicant might not have had the intention to
commit murder and therefore, the offence may not fall within the
definition of murder. It could be a lesser offence. The investigation
is over and the charge sheet is filed. The applicant does not have
any antecedents. In this view of the matter, the applicant can be
released on bail.
9. Hence, the following order.
ORDER
(i) The applicant is directed to be released on bail in connection with C.R.No.612/2019 registered at Shivaji Nagar Police Station, Mumbai on executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount;
(ii) The Bail Application stands disposed of accordingly.
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