The court also referred to the report which said that when the ballistic expert visited the spot, they “did not find positive evidence regarding the firing”.
Photo for representational purpose
Almost two months after a 30-year-old Bandra-based man was arrested on attempt-to-murder charges for allegedly firing at a builder who could not repay Rs 45 lakh he had loaned him, a sessions court granted him bail, noting the alleged pistol seized by the police was actually a cigarette lighter.
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As per a report in The Times of India, the court also referred to the report which said that when the ballistic expert visited the spot, they “did not find positive evidence regarding the firing”.
The accused, Farhan Sayed, was arrested on November 29. “Admittedly, the applicant permanently resides in Mumbai, he has no criminal antecedents. He is also ready to abide by all the terms and conditions. In these circumstances, no purpose would be served by keeping the applicant behind the bars... applicant has made out a prima facie case for the grant of bail,” the court said.
The builder, Nasir Shaikh, submitted an intervention plea opposing the bail plea. His advocate alleged certain lacunae in the probe and raised doubts about its fairness. The prosecution’s case was that Shaikh had borrowed money from Sayed. When he attempted to repay the amount, though, the cheques bounced. The prosecution further submitted that despite Sayed’s repeated demands, Shaikh failed to pay up. It alleged that on November 28, when the victim along with his brother-in-law approached the accused seeking time to make the payment, a heated argument ensued. It was alleged that the accused shot at them twice.
While one “bullet” hit the sofa, the second firing was “ineffective”. The prosecution said thereafter, they sat together, had a cup of tea and the victim promised to make the payment in future. Subsequently, the victim, on the advice of his friend, reported the matter and handed over the “bullets” recovered to the police, the prosecution added.
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