Muzahid Khan murder case: court dismisses bail plea of Sadiq Bellary

Margao: Additional Sessions judge, South Goa Cholu  Gauns dismissed the  bail application of Sadiq Bellary, arrested by the Maina Curtorim police in the case of murder  of  Muzahid Khan.

According  to the police  case of prosecution, on May 28, 2020 at about 23 hours at the Bhagwati Colony, Davorlim,  the accused in furtherance with their common intention initiated a quarrel with Javed Panwale and his friend, deceased Muzahid Khan. The accused Sadiq Bellary  first assaulted Javed with slaps and then he brought an iron rod which he carried on his scooter and attempted to assault Javed Panwale, however, Javed Panwale snatched the iron rod and in turn hit the accused Sadiq  with the said iron rod, on his head. The accused  Ismail Mulla @ Chuto, aged 23,  of  Bhagwati Colony, Cotta, Davorlim, then brought a knife and stabbed the deceased Muzahid Khan in his stomach who later on succumbed to the injuries while undergoing medical treatment. Hence offences punishable under Section 302, read with Section 34 of the IPC, was registered.

Public prosecutor  S  Samant appeared on behalf of the state,  while advocate  S Naik appeared on behalf  of accused Sadiq. 

Meanwhile, the father of the accused Sadiq  namely Persib Bellari filed a complaint at the Maina Curtorim police station against Javed, and was registered under Section 326 of the IPC.

Judge  in his order observed that it is true that the accused Sadiq was assaulted with an iron rod on his head by Mohammad Javed Panwale, however, the evidence does not show that he fell unconscious after the assault as sought to be argued by advocate S Naik. The material on record clearly proves that the accused Sadiq  was conscious. Rather, he was proved to be very aggressive and refused to cool down in spite of the efforts by the eye witness.

Judge further observed that there is no recovery at the instance of the accused Sadiq  but there are more than half a dozen eye witnesses who had attributed the active role to the accused Sadiq  with accused Ismail  in causing death of the deceased. Therefore, absence of recovery is meaningless. Therefore, if the accused is enlarged on bail, he may temper with the witnesses. 

The accused is facing trial for offence of murder punishable under section 302 of IPC with capital punishment. In such serious offences, the accused cannot seek indulgence of court to enlarge him on bail, adds the order.

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