MAJAHAR ABDUL KARIM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking his release on bail in connection with C.R.No.390/2019 registered at Shivaji Nagar Police Station, Mumbai, under Section 302 read with 34 of the Indian Penal Code .

(2.) The F.I.R. is lodged on 10.8.2019 by one Jahid Faruqi in respect of murder of his brother Samiulla @ Saif. The prosecution story, in brief, is that Samiulla was having an affair with one Shabnur @ Mona. Accused Juber was earlier married to Shabnur, but, they were divorced. Juber did not like Shabnur's affair with Samiulla. On 10.8.2019, at about 4:00 a.m., Juber along with one Monu and the present Applicant went to the house of Shabnur and assaulted Samiulla with knife. Due to which, he succumbed to his injuries.

(3.) The postmortem notes show that there were about 18 injuries. Most of them were stab injuries all over the body and the cause of death was mentioned as "hemorrhage and shock due to stab to chest and abdomen". The viscera was preserved for further investigation.