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Bombay High Court

FIROZ IDRIS KHANversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that the independent testimony of PW‑1 creates reasonable doubt regarding the applicant’s participation, warranting suspension of the sentence and grant of bail pending appeal.

Summary

The applicant, convicted of murder (s.302 IPC), dowry death (s.498A IPC) and causing hurt (s.323 IPC), sought suspension of his sentence and bail pending appeal. The prosecution alleged that the applicant murdered his wife, whose body was found strangulated in a water tank, and cited motive of monetary demands. The defence argued lack of direct evidence and highlighted the testimony of an independent neighbour (PW‑1) who stated the house door was latched from outside and the applicant was inside when the body was discovered, creating reasonable doubt. The court examined the medical findings, the delay in filing the FIR, and the credibility of PW‑1’s account, concluding that the evidence did not conclusively link the applicant to the crime. Consequently, the court ordered suspension of the sentence and granted bail with conditions. The decision underscores the importance of reasonable doubt and the role of independent witness testimony in granting bail pending appeal.

Issues considered

  • Whether the evidence establishes the applicant's guilt beyond reasonable doubt to justify continuation of the sentence.
  • Whether the applicant is entitled to suspension of sentence and bail pending appeal despite the seriousness of the offences.
  • Whether the delay in lodging the FIR affects the validity of the conviction.

Legislation cited

Subjects

  • murder
  • dowry death
  • IPC
  • bail
  • suspension of sentence
  • reasonable doubt
  • independent witness
  • delay in FIR

Judgment

                                                                               IA-3224-2026.odt

                                                                                  Rohit Ghuge

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 3224 OF 2026
                                                     IN
                                       CRIMINAL APPEAL NO. 742 OF 2026

                      Firoz Idris Khan                                         …Applicant

         Digitally
         signed by
                            Versus
         ROHIT
ROHIT    RAMDAS
RAMDAS   GHUGE
GHUGE    Date:
         2026.10.07   The State of Maharashtra & Anr.                         …Respondent
         17:53:13
         +0530

                      _______________________________________________________________
                      Mr. Taraq Sayed a/w Mr. Ali Jawad, Advocates for the Applicant.
                      Ms. Sangeeta Shinde, APP for the Respondent -State.
                      _______________________________________________________________

                                                        CORAM:      BHARATI DANGRE &
                                                                    ASHISH S CHAVAN, JJ.

                                                        DATE :      01st OCTOBER 2026.
                      PC.

                      1.    The Applicant who is arraigned as Accused No. 1 in the

                      proceedings before the Trial Court has approached this Court seeking

                      suspension of sentence imposed on him vide order and judgment dated

                      28.07.2026 convicting him for offense punishable under Section 302,

                      498-A and 323 of the Indian Penal Code (“IPC”). The Applicant was

                      sentenced to suffer imprisonment for life and to pay a fine of Rs.

                      10,000/-, and in default to suffer simple imprisonment for a period of

                      one year for offence punishable u/s 302 of IPC. The Applicant was

                      sentenced to suffer imprisonment for three years and to pay a fine of Rs.



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5,000/- and in default to suffer simple imprisonment for a period of six

months for offence punishable u/s 498-A of the IPC. The Applicant was

sentenced to suffer imprisonment for one year and to pay a fine of Rs.

1,000/- and in default to suffer simple imprisonment for a period of one

month for offence punishable u/s 323 of the IPC. All the sentences were

ordered to run concurrently.


2.    Heard, Mr. Sayed, for the Applicant and Ms. Shinde, APP for

Respondent-State, perused the Application and Appeal.


3.    The case of the prosecution in a nutshell is that the Applicant and

the deceased were married in the year 2008. The first informant- PW No.

2, the father-in-law of the Applicant has alleged that the Applicant used

to demand money from the first informant and ill treat his daughter

(deceased). On 10.09.2017, the informant received a call from the

Applicant’s father that his daughter had fallen in the water tank

accidentally and lost her life. The informant suspected that his daughter

was murdered and therefore he approached the Police Station on

18.01.2018 and his complaint was recorded, based on which FIR No.

28/2018 came to be registered against the Applicant and his family

members for offences punishable u/s 302, 498-A, 323, 504 and 506 r/w

34 of the IPC.


4.    During the course of investigation, the dead body was forwarded




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for post mortem, medical opinion shows the cause of death to be

asphyxia due to ligature strangulation, in other words, that the deceased

was strangulated and murdered. The Applicant was arrested on

10.07.2018. Investigation was concluded, chargesheet was filed. Case

was committed to the Sessions Court. The Applicant pleaded not guilty

and claimed to be tried. The prosecution examined four witnesses. No

defence witnesses were examined by the Applicant. The defence of the

Applicant was that of total denial and false implication.


5.    On behalf of the Applicant it was contended that although the

death was homicidal in nature, there was nothing to connect the

Applicant with the commission of the offence as alleged by the

prosecution. It was urged that the evidence of PW No. 1, the panch

witness is crucial since he is the only independent witness in the case. PW

No. 1 has deposed that on the day of the incident he had seen the

deceased going to the bathroom while going for morning Namaz. After

prayers, he came back to his house and was resting when he received a

call from the Applicant at about 7:15 am informing him that the

deceased i.e. wife of the Applicant had gone for shopping and she had

latched the door of their house from outside. The Applicant asked PW

No. 1 to open the door from outside. At that time, he saw the Applicant

along with his three children in the house. He further deposes that 10

minutes later, he heard shouts. People from his lane had gathered there.




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He saw the deceased lying in the water tank and that there was an odhani

around her neck. Placing reliance on this deposition of PW No. 1, Ld.

Counsel for the Applicant submits that there is no eye witness to this

incident. The only circumstantial evidence against the Applicant is that

body of his wife was found in the water tank in the morning hours on the

date of the incident. The cause of death was due to strangulation and her

odhani was found wrapped around her neck. However, the evidence of

PW No. 1 clearly demonstrates that the Applicant was inside the house

and most importantly the door of the house was latched from outside. It

was opened by PW No. 1 at around 7:15 am when the Applicant was

found inside the house. Almost immediately, the dead body of the

deceased was found in the water tank. It was urged that the evidence of

PW No. 1 demonstrates that it was improbable that the Applicant could

have committed the offence and in view thereof it was prayed that the

sentence of the Applicant deserves to be suspended pending Appeal and

the Applicant deserves to be admitted to bail.


6.    Learned APP Ms. Shinde, countered the aforesaid submissions by

arguing that the death was proved to be unnatural and homicidal. There

was a ligature mark on the neck of the deceased and her odhani was

found wrapped around her neck. PW No. 2 – the father-in-law of the

Applicant has alleged that the Applicant used to ill treat the deceased and

demand money from her family. This, according to the Ld. APP




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established the motive behind the commission of the offence.

Considering the gravity of the offence, she prayed for rejection of the

Application.


7.    The prosecution has examined four witnesses to prove their case.

PW No. 1 is the only independent witness who happens to be the next

door neighbour of the Applicant. It is not in dispute that the Applicant

along with his wife (the deceased) and their children used to reside

together. The medical evidence establishes that the death is unnatural and

likely to have been caused due to strangulation by the odhani which was

found wrapped around the neck of the deceased. The father in law of the

Applicant, PW No. 2 does allege that there were monetary demands

made by the Applicant and there were instances of ill treatment to the

deceased. However, the cross examination reveals that there were some

payments made by the Applicant to PW No.2 which were denied by him.

The evidence of PW No.1 emerges as the most crucial evidence in the

narrative of the prosecution since he is the only independent witness in

the case. PW No. 1 has deposed that on the day of the incident he had

seen the deceased going to the bathroom while going for morning

prayers. After prayers, he came back to his house and was resting when

he received a call from the Applicant at about 7:15 am informing him

that the deceased i.e. his wife had gone for shopping and she had latched

the door of their house from outside. The Applicant requested PW No. 1




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to open the door from outside. When he opened the door, PW No. 1 saw

the Applicant along with his three children in the house. Immediately

thereafter, he heard shouts. People from his lane had gathered there. He

saw the deceased lying in the water tank and that there was an odhani

around her neck. PW No. 1 is also the spot panch who has conducted the

spot panchanama. He has deposed that the houses in the neighborhood

had washroom and water tank adjacent to each other and outside the

house. These water tanks were filled with water which was used for

various purposes. He has deposed that there is only one door permitting

ingress and egress out of the house of the Applicant and that door has no

lock from the inside. There is only a latch outside the door. The evidence

of PW No. 1, prima facie demonstrates that the door of the house of the

Applicant was locked from the outside and it was only opened at 7:15

am by PW No. 1. The dead body was noticed in the water tank

immediately thereafter. PW No. 1, also deposes that he has never seen

any quarrel between the Applicant and the deceased and that their family

was a happy family. In fact, he has admitted that it was PW No. 2 who

demanded money from the father of the Applicant for not implicating the

Applicant. One more facet of the case is the delay in lodging the FIR by

the PW No. 2. Although the incident took place on 11.09.2017, the

report was lodged on 18.01.2018. This delay of around 4 months has not

been explained by the informant. The investigating officer has attempted




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                                                             IA-3224-2026.odt

to explain the delay by saying that initially accidental death was

registered and the ADR was filed. However, subsequently, the Police

issued a letter to PW No. 2, pursuant to which he filed the report. No

doubt, the appreciation of evidence is a triable issue but prima facie the

evidence of PW No. 1 creates a reasonable doubt about the complicity of

the Applicant in the commission of the offence alleged.


8.        In the wake of the aforesaid discussion, this is a fit case for

suspension of sentence and grant of bail pending the Appeal . Hence, the

following order.


                                   :ORDER:


     i)   The sentence imposed by the learned Additional Sessions

          Judge,   Nashik   vide   his   judgment   and   order   dated

          28.07.2026, in Sessions Case No. 100 of 2019 is suspended

          during the pendency of the Appeal.


     ii) The Applicant be released on bail on executing PR bond in

          the sum of Rs.10,000/- (Ten Thousand only) with one local

          surety in the like amount to the satisfaction of the learned

          Trial Court.


     iii) The Applicant shall not leave the State of Maharashtra

          without prior permission of this Court.




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  iv) The Applicant shall inform the Trial Court of his contact

      details and residential address alongwith changes therein, if

      any.


  v) The Applicant shall attend the Trial Court on such of the

      dates as directed by it to mark his presence.


  vi) Infraction of any of the aforesaid conditions would entitle

      the State to move for cancellation of bail.


             Interim Application No. 3224 of 2026 is allowed in the

  aforesaid terms.




ASHISH S. CHAVAN, J.                         BHARATI DANGRE, J.




                                    8


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