Mumbai, March 22, 2024 – Irfan Hazrat Ali Khan, accused of murder, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge A.A. Kulkarni allowed Khan’s bail application (Criminal Bail Application No. 564 of 2024), citing discrepancies in the dying declaration and the circumstantial nature of the evidence against him.

Khan was arrested in connection with Crime No. 658/2023, registered at Mankhurd Police Station, for offenses punishable under section 302 (murder) of the Indian Penal Code (IPC) and sections 37(1)(a) and 135 of the Maharashtra Police Act.

Prosecution’s Case:

The prosecution alleged that on December 10, 2023, the deceased went to Khan’s house to demand his mobile phone, leading to a quarrel. The deceased allegedly attempted to attack Khan with a knife, which Khan then used to inflict fatal injuries. The prosecution relied on CCTV footage showing Khan near the crime scene and running after the incident. However, the deceased, in his dying declaration, named “Adil” as his assailant.

Defense Arguments:

Khan’s advocate, Wahab Khan, argued that his client was falsely implicated. He emphasized that the investigation was complete, and the charge sheet had been filed. He also stated that Khan was a permanent resident of Mumbai and the sole breadwinner for his family. He expressed Khan’s willingness to abide by any conditions imposed by the court.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), J.N. Suryawanshi, and the Investigating Officer (IO) opposed the bail, citing the seriousness of the offense and Khan’s presence in the CCTV footage. They expressed concerns about potential witness tampering.

Court’s Decision:

Judge Kulkarni, after considering the submissions and evidence, highlighted the following:

• Dying Declaration Discrepancy: The deceased’s dying declaration named “Adil” as the assailant, contradicting the prosecution’s claim.
• Circumstantial Evidence: The evidence against Khan was primarily circumstantial, including CCTV footage and the recovery of the weapon.
• No Eye Witness: There were no eyewitnesses to the incident.
• Adil’s Release: Adil, initially arrested based on the dying declaration, was released due to lack of evidence.
• No Criminal Antecedents: Khan had no prior criminal record.
• Investigation Completion: The investigation was complete and the charge sheet was filed.

Considering these factors, the court concluded that further detention of Khan was not necessary during the trial. The court also noted that all the evidence was collected, and nothing was left to be seized from the applicant.

Conditions of Bail:

Judge Kulkarni granted Khan bail on the following conditions:

• He must furnish a Personal Recognizance (P.R.) Bond and a Surety Bond (S.B.) of ₹50,000 with one or more sureties of the same amount.
• He must provide his residential address proof and contact numbers to the IO.
• He must not directly or indirectly influence or threaten any person acquainted with the case.
• He must not leave India without prior court permission.
• Bail must be furnished before the learned court below.

Significance of the Order:

This order highlights the court’s careful consideration of discrepancies in evidence, particularly in cases involving dying declarations. The decision also emphasizes the importance of distinguishing between direct and circumstantial evidence. The court’s willingness to grant bail in a murder case, despite the seriousness of the offense, reflects its commitment to ensuring fair trial and due process.