Bombay High Court
Kamran Asif Khan vs The State Of Maharashtra on 6 January, 2023
Bench: Nitin W. Sambre, R. N. Laddha
38 IA-3583-22.doc
BDP-SPS-
BHARAT
DASHARATH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PANDIT
CRIMINAL APPELLATE JURISDICTION
Digitally signed
by BHARAT
DASHARATH
PANDIT
INTERIM APPLICATION NO.3583 OF 2022
Date: 2023.01.10
12:05:34 +0530 IN
CRIMINAL APPEAL NO.499 OF 2020
1] AMIR SALIM SHAIKH
2] KAMRAN ASIF KHAN ...Applicants
V/s
STATE OF MAHARASHTRA ... Respondent.
ALONGWITH
INTERIM APPLICATION NO.3440 OF 2021
IN
CRIMINAL APPEAL NO.499 OF 2020
KAMRAN ASIF KHAN ....Applicant/
Accused No.2
V/s
STATE OF MAHARASHTRA ... Respondent.
Advocate Omkar Nagwekar for the Applicants
Smt. M.M. Deshmukh, APP for the Respondent/State.
CORAM: NITIN W. SAMBRE &
R. N. LADDHA, JJ.
DATE: JANUARY 06, 2023
P.C.:-
1] Both these Applications are taken out under the provisions of
Section 389(1) of the Criminal Procedure Code for suspension of
sentence and grant of bail.
38 IA-3583-22.doc
2] Both the Applicants vide judgment and order dated 18/12/2019
in Sessions Case No. 522/2013 (The State vs. Aamir Salim Shaikh and
one another) suffered conviction for offence punishable under Section
302 of the Indian Penal Code and are sentenced to undergo life
imprisonment with fine of Rs 50,000/- each and in default to undergo
simple imprisonment for six months.
3] In brief, case of the prosecution is as under:-
4] Informant Munaf, close friend of deceased Ammad alias Ammu
Nazir Shaikh alleged that Applicants/Accused persons murdered
Ammad out of old differences. The prosecution case is based on
testimony of seven witnesses viz. Sayyad Hasan Baig, a panch on
spot, seizure of clothes of deceased and Accused, Dr. Prashant
Bhimrao Waghmare who has conducted postmortem, Imran Abdul
Rehman Shaikh, an eye witness, Munaf Abdul Rajjak Shaikh, an eye
witness, Bashir Ahmad Sultan, witness, Ainulhaq Jairhulhaq Ansari, a
panch witness on discovery and Shailendra Raghunath Nagarkar,
Investigating Officer.
5] We have appreciated testimony of two eye witnesses viz Imran
who is examined at Exhibit-36 and Munaf who is examined at
Exhibit-40. Munaf in his evidence has stated that Applicants Amir and
Kamran have committed offence in question. It is claimed that third
accused Tariq was holding a big knife in his hand and was beating
38 IA-3583-22.doc
deceased Ammad. He has specifically stated that Applicant Amir had
stabbed the deceased in stomach by knife.
As far as Applicant Kamran is concerned, said witness has stated
that Kamran has stopped him from saving Ammad from getting
attacked.
6] The motive attributed as could be inferred from testimony of
said two witnesses is, deceased Ammad interfered in the quarrel in
between accused persons and Rashid and defended Rashid.
7] As far as testimony of Imran who is examined at Exhibit-36 is
concerned, he appears to have not supported the case of the
prosecution.
8] As such, even if testimony of Munaf who is examined at
Exhibit-40 is appreciated, what can be noticed is, he has named
Applicant Amir to be a person who has given effect to the crime in
question by giving stab injuries to deceased. As far as Kamran is
concerned, his role is that of restraining Munaf from saving the
deceased.
9] Once it is established from the record particularly testimony of
Investigating Officer at Exhibit-52 and Dr Prashant Waghmare at
Exhibit-31 that Ammad died homicidal death, this Court from
aforesaid evidence is satisfied that Applicant No.1 - Amir Salim
38 IA-3583-22.doc
Shaikh is involved in the commission of offence and has in fact given
effect to the offence by stabbing the deceased Ammad.
10] In view of aforesaid evidence, in our opinion, case for grant of
bail by Accused No.1- Amir Salim Shaikh is not made out as there
appears to be prima facie case against him. As such prayer for bail
moved by Accused No.1 - Amir Salim Shaikh stands rejected.
11] As far as prayer for grant of bail by Accused No.2 - Kamran son
of Asif Khan is concerned, considering the nature of role attributed to
him and the fact that nothing incriminating is seized from him, in our
opinion he deserves to be released on bail during pendency of appeal.
12] Accused No.2 - Kamran Asif Khan is directed to be released on
bail on execution of P. R. Bond of Rs 25,000/- with one or two local
sureties in the like amount. He shall not issue threats to the
prosecution witnesses. If he is found involved in similar type of
offence, liberty is granted to the State to move for cancellation of his
bail. Accused No.2 - Kamran Asif Khan shall attend the concerned
Police Station in the first week of every even month.
13] Both the Applications are accordingly disposed of.
[ R. N. LADDHA, J. ] [ NITIN W. SAMBRE, J. ]
