KAZI AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are apprehending their arrest in connection with Crime No.303/2021 dtd. 15/10/2021 registered with Kotwali Police Station, Dist. Parbhani, for the offence punishable under Sec. 302, 201 of the Indian Penal Code, 1860.

(2.) Heard learned Advocate Mr. S.S. Rathi for applicants and learned APP Mr. V.M. Kagne for the respondent.

(3.) It has been vehemently submitted on behalf of the applicants that the applicant No.1 is the brother of wife of deceased and wife of the deceased is one of the accused. It is alleged that the deceased was harassing his wife i.e. sister of the present applicant No.1 and, therefore, they had hatched up a conspiracy and committed murder of deceased Jaker Ahmed s/ o Khurshid Ahmed Deshmukh. Applicant No.2 is not relative. Now the investigation is over and charge sheet has been filed. Therefore, the custodial interrogation of the applicants is not required. First Information Report has been lodged by one Zuber Ahmed s/o Khurshid Ahmed Deshmukh, who is the brother of deceased. Deceased Jaker was married to Farhadiba Fatema about 20 years ago. Dispute arose between couple and they started residing separately since last 5-6 months prior to the incident. Farhadiba was residing with children in Parbhani at a different place and even Jaker was residing in the Parbhani at a different place. Informant had received phone call at about 4.00 p.m. on 15/10/2021 that there is fire in the house of Jaker Ahmed and fully burnt dead body has been noticed. Informant went to the spot and noticed partially burnt dead body and was also noticed some portion of salt lying near the dead body and, therefore, he lodged report against unknown persons. Police arrested in all seven accused persons including the wife of deceased and then it is stated that name of the present applicants were disclosed by the co-accused. Such disclosure is not admissible in the eye of law. It is the prosecution story now that since Jaker was ill-treating his wife, she along with the present applicant No.1 hatched up a conspiracy and other accused persons helped them. Four accused persons out of those who are arrested have been granted regular bail. It can be seen from the documents in the charge sheet that the involvement of the present applicants is only on the basis of suspicion. In the First Information Report no suspicion was even raised on the present applicants. The applicant No.1 is suffering from psychological disorder since last more than three years and he is taking regular treatment of Dr. Ruturaj Jadhav at Nanded and Dr. Siddiq Ahmed. Therefore, on the said ground also he seeks bail. The applicants are ready to abide by the terms of the bail.