Mohd. Kalim Shabbir Ahmed Qureshi v. The State Of Maharashtra

rpa 1/3 906-ba-2934-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2934 OF 2019 Mohd. Kalim Shabbir Ahmed Qureshi .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Anil G. Lalla i/b. M/s.Lalla and Lalla, Advocate for the Applicant.

Mr.H.J. Dedhia, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

DECEMBER 04, 2019.

P.C. :

The Applicant is arrested in connection with C.R.No.555 of 2019, registered on 4th August, 2019, with Karad City Police Station, Satara, for the ofences punishable under Sections 302, 364 and 201 read with 34 of Indian Penal Code ("IPC", for short).

The Applicant was arrested on 5th August, 2019. The investigation is completed and charge - sheet has been fled. The prosecution case is that accused nos.1 and 4 committed murder of one Udaybhan Ramprasad Pal, as there was a dispute between the accused no.1 and the deceased. The deceased was abducted

rpa 2/3 906-ba-2934-19.doc and killed. Accused nos. 4 and 5 were instrumental in disposal of the body of the deceased.

The charge-sheet indicate that the role ascribed to applicant is of the disposal of the body of the deceased. Thus, the ofence that is attributed to the applicant is causing disappearance of evidence, under Section 201 of IPC. Admittedly, the Applicant was not present at the time when the deceased was killed by the other accused. The report submitted to learned APP is tendered across the bar, which also indicate that the body was disposed of by the applicant and another accused. The report is taken on record and marked "X" for identifcation. The investigation is completed and charge - sheet is fled. There are no criminal antecedents against the Applicant. Further detention of the applicant is not called for. Applicant is a resident of Mumbai. Ofence had occurred in Karad City, Satara. Learned counsel for the Applicant submitted that since the Applicant is residing in Mumbai and is willing to report to the nearest police station i.e. Ghatkopar Police Station, he may be allowed to attend Ghatkopar Police Station, Mumbai.

rpa 3/3 906-ba-2934-19.doc Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.2934 of 2019, is allowed; (ii) Applicant is directed to be released on bail in connection with C.R.No.555 of 2019, registered with Karad City Police Station, Satara, on his furnishing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount; (iii) Applicant shall report Ghatkopar police station, Mumbai, once in a month on frst Saturday of the month between 10:00 a.m. to 12:00 noon, and, thereafter, as and when called for, till further orders;

(iv) Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)