2025:BHC-AS:44510 AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2829 OF 2025 Shafiq Ali Haider, An Indian inhabitant, aged about 32 years, House No.24, Tilgadiya, Budrak, Than Dumriganj, District Siddharth Nagar, U.P.

At present lodged in Taloja Central Prison … Applicant V/s.

The State of Maharashtra, Digitally signed by ATUL ATUL GANESH at the instance of GANESH KULKARNI KULKARNIDate:

2025.10.14

10:31:06 Panvel City Police Station. … Respondent +0530 Mr. Milan Desai for the applicant.

Mrs. Rajashree V. Newton, APP for the respondent-

State.

CORAM : AMIT BORKAR, J.

DATED : OCTOBER 13, 2025 JUDGMENT:

1. By this application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks regular bail in connection with Crime Register No.414 of 2023 registered with Panvel City Police Station for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (IPC). 2. The prosecution case, in brief, is that on 28 June 2023 at about 6.30 p.m., one Mukramali Hashmad Kasar visited Panvel City Police Station and lodged a report stating that at about 7.00 a.m. the same morning, he had received a call from the wife of his brother, Mohd. Aslam Harshad, inquiring about her husband’s whereabouts. She told him that her husband had called her at about 2.00 a.m. saying that he would reach his native place by train at 7.00 a.m., but he never arrived and his phone was found switched off. Based on this report, a missing person’s complaint bearing No.68 of 2023 was registered.

3. During the course of inquiry, it was revealed that on 27 June 2023 at about 9.30 a.m., the deceased Mohd. Aslam Harshad was last seen in the company of the present applicant. The police questioned the applicant, who allegedly confessed that he had borrowed Rs.57,000 from the deceased over a period of time. On 27 June 2023, when the deceased demanded repayment, a quarrel took place between them. The deceased allegedly abused the applicant verbally and physically, upon which the applicant, in a fit of anger, beheaded the deceased with a fish-cutting knife. The applicant allegedly placed the body and the head in twelve different gunny bags and disposed of them.

4. Upon learning this, an FIR was registered on 14 July 2023 at about 10.00 p.m. During investigation, the applicant was arrested on 15 July 2023 at 12.12 a.m. The prosecution states that the applicant made disclosure statements under Section 27 of the Indian Evidence Act, leading to the recovery of the deceased’s body and head. The applicant also pointed out the shop from where he had purchased the gunny bags and knife. The police recorded several witness statements and seized CCTV footage showing the applicant and the deceased together, and later the applicant carrying a gunny bag on a scooter. On completion of investigation, a charge-sheet was filed.

5. Learned Advocate Mr. Desai, appearing for the applicant, submitted that the case rests entirely on circumstantial evidence. The prosecution relies upon four circumstances: (i) discovery of the body and head at the instance of the applicant, (ii) last seen theory, (iii) CCTV footage showing the applicant carrying a bag along with witness Rohit Kumar, and (iv) motive of non-payment of Rs.57,000. He submitted that the police already knew about the body before the disclosure. According to witness Rohit Kumar, the body was taken to a different place, but it was later recovered from an open and accessible area. He further submitted that the plastic bag described by the witness did not contain any blood stains, although the prosecution case involves beheading. He argued that there is no credible material to show that any such monetary transaction ever took place between the deceased and the applicant, as no relative or friend of the deceased mentioned any such fact. On the aspect of last seen, he argued that none of the witnesses who allegedly saw the deceased with the applicant s