Case Note & Summary
The Bombay High Court heard a bail application under Section 439 CrPC filed by Rafique Salim Hashmi, who was arrested in connection with CR No.126 of 2023 registered at Nerul Police Station for offences under Sections 302, 120B, 34 IPC, Sections 3, 5, 25, 27 Arms Act, and Sections 37(1), 135 Maharashtra Police Act. The case involved the murder of Savajibhai Manjeri on 15.03.2023, allegedly orchestrated by his cousin Haribhai (absconding) who hired accused No.1 Mahek to eliminate the deceased. The applicant was a welder by profession and was indicted based on the confessional statement of accused No.1 that the applicant erased the engine and chassis number of the motorcycle used in the crime. The prosecution also relied on CCTV footage showing the applicant with accused No.1 three days before the crime, CDR records showing calls between accused, and the applicant's alleged booking of a taxi for other accused on the day of the crime. The court observed that the applicant's indictment was solely based on the confessional statement of accused No.1 recorded on 06.04.2023, 21 days after the crime. The circumstantial evidence, including CCTV footage and CDR, did not establish a prima facie chain linking the applicant to the murder, especially since the applicant was not in contact with other accused on the day of the crime. The court distinguished the case of Ishwarji Nagaji Mali v. State of Gujarat, noting different facts. The court held that the chain of circumstances was not established prima facie and granted bail subject to conditions: a bond of Rs.25,000/- with sureties, monthly reporting to Nerul Police Station until framing of charges, prohibition from entering Nerul Police Station jurisdiction except for reporting, cooperation with trial, not leaving Maharashtra without permission, and deposit of passport within two weeks.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Prima Facie Case - The court considered whether the applicant, indicted solely on the confessional statement of co-accused and weak circumstantial evidence, should be granted bail. Held that the chain of circumstances was not established prima facie, and the confessional statement recorded 21 days after the crime was insufficient to deny bail. (Paras 7-14) B) Evidence - Confessional Statement of Co-Accused - Evidentiary Value - The court noted that the applicant's indictment was entirely based on the confessional statement of accused No.1 recorded on 06.04.2023, which was almost 21 days after the commission of the crime. Held that such a statement, without corroborative material, cannot be the sole basis for denying bail. (Paras 7, 14) C) Criminal Procedure - Circumstantial Evidence - Prima Facie Chain - The court examined the circumstantial evidence including CCTV footage and CDR records. Held that the evidence did not establish a prima facie chain of circumstances linking the applicant to the crime, as the applicant was not in contact with other accused on the day of the crime. (Paras 8-10) D) Criminal Procedure - Bail - Conditions - The court granted bail with conditions including a bond of Rs.25,000/-, monthly reporting to police station, prohibition from entering Nerul Police Station jurisdiction except for reporting, cooperation with trial, not leaving Maharashtra without permission, and deposit of passport. (Para 15)
Issue of Consideration
Whether the applicant is entitled to bail under Section 439 CrPC when the indictment is based solely on the confessional statement of a co-accused and weak circumstantial evidence, without establishing a prima facie chain of circumstances linking him to the crime.
Final Decision
The court allowed the bail application and ordered the release of the applicant on bail with conditions: bond of Rs.25,000/- with sureties, monthly reporting to Nerul Police Station until framing of charges, prohibition from entering Nerul Police Station jurisdiction except for reporting, cooperation with trial, not leaving Maharashtra without permission, and deposit of passport within two weeks.
Law Points
- Bail
- Prima Facie Case
- Circumstantial Evidence
- Confessional Statement of Co-Accused
- Section 439 CrPC
- Section 302 IPC
- Section 120B IPC
- Section 34 IPC
- Arms Act
- Maharashtra Police Act
