Case Note & Summary
The applicant, Shafiq Ali Haider, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in connection with Crime Register No.414 of 2023 registered at Panvel City Police Station for offences punishable under Sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code, 1860 (IPC). The prosecution case began on 28 June 2023 when Mukramali Hashmad Kasar lodged a missing person complaint regarding his brother Mohd. Aslam Harshad, who had last spoken to his wife at 2:00 a.m. on 27 June 2023 but never arrived home. During inquiry, it was revealed that the deceased was last seen with the applicant on 27 June 2023 at about 9:30 a.m. The police questioned the applicant, who allegedly confessed that he had borrowed Rs.57,000 from the deceased and, when the deceased demanded repayment on 27 June 2023, a quarrel ensued, leading to the applicant allegedly strangling the deceased and disposing of the body. The FIR was registered on 18 July 2023, about 20 days after the missing person complaint. The applicant argued that there was no direct evidence, no recovery of the body or weapon, and the delay in FIR was unexplained. The State opposed bail, citing the seriousness of the offence and the applicant's confession. The court, after hearing both sides, noted that the prosecution case rested on circumstantial evidence, particularly last seen and alleged confession, but the delay in lodging the FIR and the lack of recovery of the body or weapon weakened the prima facie case. The court held that in the absence of strong prima facie evidence, the applicant was entitled to bail. The court granted bail on certain conditions, including furnishing a personal bond of Rs.25,000 with one or two sureties, and directed the applicant not to tamper with evidence or contact witnesses.
Headnote
A) Criminal Procedure - Bail - Regular Bail - Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 302, 201 Indian Penal Code, 1860 - Applicant sought regular bail in murder case - Court considered that the prosecution case was based on last seen evidence and alleged confession, but there was unexplained delay of about 20 days in lodging FIR and no recovery of weapon or body - Held that in the absence of strong prima facie evidence, applicant is entitled to bail (Paras 1-8).
Issue of Consideration
Whether the applicant is entitled to regular bail under Section 483 of BNSS in connection with offences under Sections 302 and 201 IPC, considering the nature of evidence and delay in lodging FIR.
Final Decision
The court allowed the bail application and directed the applicant to be released on bail on furnishing a personal bond of Rs.25,000 with one or two sureties. The applicant must not tamper with evidence or contact witnesses.
Law Points
- Bail
- Prima Facie Case
- Delay in FIR
- Last Seen Evidence
- Section 483 BNSS
- Section 302 IPC
- Section 201 IPC
