Mumbai, February 18, 2022 – Mohammed Ibrahim Mohammed Iqbal has been denied bail by the Sessions Court for Greater Bombay in a case involving the murder of his wife. Additional Sessions Judge Sanjashree J. Gharat (Court Room No. 39) issued the order on February 14, 2022.
Iqbal was arrested in connection with C.R. No. 809 of 2021, registered at the Nagpada Police Station, for offenses under Sections 302 (murder), 201 (causing disappearance of evidence), and 498-A (cruelty by husband or relatives) of the Indian Penal Code (IPC).
Background and Allegations:
The complainant, the deceased’s brother, alleged that his sister Rubina was married to Iqbal on April 16, 2016. After the marriage, Iqbal allegedly subjected her to mental harassment over household issues and demands for a mobile phone and a motorcycle.
On July 28, 2021, Iqbal called the complainant and asked him to take Rubina with him. When the complainant arrived, he found Rubina unresponsive and took her to the hospital. She was eventually admitted to J.J. Hospital, where she died on August 6, 2021.
The complainant alleged that Iqbal did not inquire about Rubina’s health, attend her funeral, or provide any information about her condition. Upon inquiry, the medical officer at J.J. Hospital stated that the cause of death was a head injury.
Arguments Presented:
Advocate Sharif Shaikh, representing Iqbal, argued that he was falsely implicated, the investigation was complete, and the charge sheet was filed. He claimed that Rubina died naturally and that there were no visible injuries. He presented medical reports indicating pus in Rubina’s brain and an increase in white blood cells, suggesting a possible medical cause of death. He also cited a previous X-ray report that showed no abnormalities.
Iqbal’s defense relied on precedents where bail was granted in cases of sudden provocation. He also provided written submissions and medical literature arguing that various factors can cause head injuries.
Additional Public Prosecutor (APP) Kalpana Hire, representing the State, opposed the bail, citing the gravity of the offense and the risk of witness tampering. The prosecution also argued that the weapon used to inflict the head injury, a grinding stone, had not been recovered.
Court’s Reasoning and Decision:
Judge Gharat rejected Iqbal’s reliance on precedents related to sudden provocation, noting that his defense was based on a medical cause of death, not provocation.
The court highlighted that Rubina’s death was attributed to a head injury, which, though not visible, caused fatal internal bleeding. The court noted Iqbal’s failure to seek medical treatment for Rubina, his abandonment of her, and his absence from her funeral.
The court emphasized the seriousness of the offense and concluded that the completion of the investigation alone was not sufficient grounds for granting bail.
Decision:
Iqbal’s bail application was rejected.
Order Details:
The order was dictated and typed on February 14, 2022, and checked and signed on February 18, 2022. The certified copy was uploaded on February 18, 2022, at 3:30 p.m.
This decision reflects the court’s consideration of the medical evidence, the accused’s conduct, and the seriousness of the offense.