NABI MOHAMED ALI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) MUMTAZ was the wife of the petitioner. On 19-4-1996, petitioner took Mumtaz to Aman Hospital, Kalyan and on examination, Dr.B.M. Shaikh found Mumtaz dead and,therefore, reported to the Bazar Peth Police Station, Kalyan. Police Inspector, Sanas then conducted inquest on the dead body and recorded statements of certain witnesses and also obtained medical certificate in regard to cause of death. The cause of death is Asphyxia. During the course of recording statements of the witnesses, one Kamalabai and one Shahajabai stated that on the date of incident, they had heard sound of giving kick blows to Mumtaz and Mumtaz shouting in the name of Allah, for help and thereafter petitioner threatened her to keep quiet. After that, when door was opened Mumtaz was found lying without any movement. Thereafter she was taken to the hospital and there Dr.Shaikh found her dead. On the basis of these facts, Police Inspector Sanas lodged complaint at the police station and in that connection, petitioner came to be arrested. The petitioner had applied for grant of bail to the Sessions Court,Thane, but his application came to be rejected.

(2.) SHRI Niyaz Ahmed for the petitioner submitted that there is absolutely no evidence regarding this incident and cause of death as found in the postmortem examination is Asphyxia, which could be caused by any way such as giving blow on the head and lungs being affected by part controlling lungs. There is no eye-witness and therefore, this is a fit case to grant bail.