Shafiq Ali Haider v. State of Maharashtra – Bail Rejection in Heinous Murder Case.

Headnote:

The Bombay High Court rejected the bail application of Shafiq Ali Haider in connection with Crime No. 414 of 2023 registered with Panvel City Police Station for offences under Sections 302 and 201 IPC. The applicant was accused of murdering Mohd. Aslam Harshad over a monetary dispute, beheading him, and disposing of the body in multiple gunny bags. The Court observed that recovery of the torso and head at the instance of the applicant under Section 27 of the Evidence Act, coupled with CCTV footage and last-seen circumstances, established a strong prima facie case. Considering the gravity and brutality of the offence, the risk of tampering with evidence, and societal interest, the Court held that bail could not be granted.

Background:

The applicant was alleged to have murdered the deceased on 27 June 2023 following a dispute over Rs.57,000. The body and head were disposed of in separate gunny bags. The applicant was arrested on 15 July 2023. The prosecution case relied on circumstantial evidence including the last-seen theory, CCTV footage showing the applicant carrying a bag, statements of witness Rohit Kumar, and voluntary disclosure statements leading to recovery of the torso and head.

Legal Principles:

1. Discovery of a dead body at the instance of an accused under Section 27 of the Indian Evidence Act constitutes a strong incriminating circumstance.
2. Circumstantial evidence forming a complete chain pointing to the guilt of the accused is sufficient for prima facie establishment.
3. Seriousness of offence, potential for evidence tampering, and societal interest weigh against grant of bail in heinous crimes under Section 302 IPC.

Decision:

Bail application rejected. The Court held that the circumstances, including last-seen theory, CCTV footage, and recovery of the body, established a prima facie case connecting the applicant to the offence.

Coram:

Hon’ble Mr. Justice Amit Borkar