Bail Granted: Applicant under Sections 302, 120B and 34 of the Indian Penal Code.

Case Note & Summary

Applicant facing charges under IPC and Arms Act, sought bail under Section 439 of CrPC. The case involves allegations stemming from a murder conspiracy in Nerul, Maharashtra. Despite circumstantial evidence presented, the court found insufficient grounds to link Hashmi directly to the crime, leading to his bail approval with specific conditions.

Introduction

Rafique Salim Hashmi filed a bail application under Section 439 of CrPC. Charged with serious offences including murder, conspiracy, and violations of the Arms Act in Nerul, Maharashtra.

Incident and Allegations

Crime occurred on March 15, 2023, involving the murder of Savajibhai Manjeri. Alleged conspiracy implicates multiple accused, primarily driven by familial and business disputes.

Prosecution's Case

Reliance on circumstantial evidence such as CCTV footage, Call Detail Records (CDR), and witness statements. Hashmi accused of tampering with motorcycle identification numbers used in the crime.

Defense Arguments

Hashmi's defense challenges the circumstantial nature of the evidence. Asserts lack of direct evidence linking Hashmi to the murder.

Judicial Consideration

Court assesses the strength of evidence presented by both parties. Reference to legal precedents on granting bail in serious criminal cases.

Decision

Court finds prosecution failed to establish a prima facie case against Hashmi. Orders Hashmi's release on bail with specific conditions to ensure compliance with legal proceedings.

Conditions of Bail

Bail amount set at Rs. 25,000 with one or two sureties of equal amount. Monthly reporting to Nerul Police Station and travel restrictions imposed. Obligation to cooperate with trial proceedings and refrain from tampering with evidence or influencing witnesses.

Conclusion

Bail Application No. 198 of 2024 allowed by the court. Hashmi granted bail pending trial under strict conditions to uphold legal integrity and public safety.