RESHMA BANO WASIM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking her release on bail in connection with C.R.No. 124 of 2019 registered with Mankhurd Police Station, Mumbai, on 26/04/2019, under sections 302, 201 and 120B r/w. 34 of the Indian Penal Code and under section 37(1) and 135 of the Maharashtra Police Act. The applicant was arrested on 28/04/2019 and since then she is in custody. The investigation is over and the charge-sheet is already filed.

(2.) Heard Shri. Tiwari, learned counsel for the applicant and Ms. Pallavi Dadbholkar, learned APP for the State.

(3.) The prosecution story is in respect of murder of one Abdul Karim Shaikh. The F.I.R. is lodged by his sister Faimida. According to the prosecution case, Abdul Shaikh was married to one of the accused Asma. They had strained relations. They had a daughter. Abdul had purchased a room at Sathe Nagar, Mankhurd, but Asma had got it transferred in her name by constantly harassing Abdul. According to the allegations in the F.I.R., Asma had illicit relations with others. She used to provide that particular room to other women who indulged in prostitution. The F.I.R. mentions that the present applicant was Asma's sister. She and one Nasir used to support Asma in her acts. Abdul had got annoyed with all these acts and had left that room. He had taken another room on rent in transit camp at Mankhurd. On 25/04/2019, Nasir stabbed Abdul multiple times in front of his house. He was removed to hospital. There was an eye witness to the incident namely Altaf Shaikh. According to his statement, Nasir was accompanied by two others, but the blows were given by Nasir. The investigation was carried out and the applicant was arrested. The case of the prosecution was that, Asma and present applicant were annoyed with constant interference of Abdul. They conspired together with Nasir resulting in commission of Abdul's murder. The investigation shows that, a knife was recovered at the instance of Nasir. The blood stained clothes were burnt by Nasir. The identification parade was held in respect of two other accused namely Rizwan and Mayur who had accompanied Nasir. The only evidence worth mentioning against the applicant was in the nature of statement of one Irshad who had allegedly seen and heard Asma and present applicant instigating Nasir to commit murder of Abdul.