Dusane

1/3

45 BA 3392.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.3392 OF 2021

Khalid Adil Sayed

....

Applicant

Vs.

The State of Maharashtra

....

Respondent

Ms. Lakshmi Raman for Applicant.

Mr. A.R. Kapadnis, APP for State.

PSI, Sagar Bhosale, Juhu Police Station.

Coram : NITIN W. SAMBRE, J.

Date : 16TH NOVEMBER, 2021

P.C.:

1.

On 2^nd August, 2020, the applicant came to be arrested in

Crime No. 241 of 2020, registered with Juhu Police Station, Mumbai for

an offence punishable under Section 302 read with 34 of Indian Penal

Code and Sections 4 and 25 of Indian Arms Act. The applicant was

charge-sheeted.

BHALCHANDRA

GOPAL DUSANE

Digitally signed by

BHALCHANDRA

GOPAL DUSANE

Date: 2021.11.17

10:47:28 +0530

Dusane

2/3

45 BA 3392.21.doc

2.

The prosecution case against the present applicant is, the

applicant alongwith co-accused Shivram alias Shiva murdered step-

brother of the complainant.

3.

The applicant is not specifically named in F.I.R., however his

bodily description with costume is mentioned. The CCTV footage claim

to reflect the presence of the applicant alongwith main accused,

however, there is no identification parade. As such the involvement of

the applicant in the crime in question is based on his description in the

F.I.R. It appears that in the supplementary statement of the

complainant, the applicant is implicated after having been introduced in

the Police Station, which procedure is not known to law. The role

attributed to the applicant is caught holding of the deceased, whereas

co-accused gave stab injury, which has resulted into death. As such,

serious doubt is created on the prima facie involvement of the applicant.

4.

In the aforesaid background, in my opinion, a case for grant

of bail is made out. The application is allowed on following conditions :

Dusane

3/3

45 BA 3392.21.doc

O R D E R

(i)

The applicant be released on bail in Crime No. 241 of 2020,

registered with Juhu Police Station, Mumbai for an offence punishable

under Section 302 read with 34 of Indian Penal Code and Sections 4

and 25 of Indian Arms Act, on furnishing P.R. bond in the sum of

25,000/- with one or more sureties in the like amount.

(ii)

The applicant shall neither influence the prosecution

witnesses in any manner nor tamper with the evidence.

(iii)

The applicant shall remain outside the jurisdiction of the

concerned Police Station till conclusion of trial.

( NITIN W. SAMBRE, J. )