Bhendi Bazaar double murder: Bombay HC confirms life terms for 2, says guilt proved ‘beyond reasonable doubt’
Four people fired at Shakil Ibrahim Modak, who was the personal assistant of then MLC Bhai Jagtap, and Mohammed Irfan Qureshi at Bhendi Bazaar in South Mumbai in 2010.
The high court noted that there was another eyewitness, Shahabaz Abdul Rehman, who had suffered no injuries and identified the two convicts, who had fired at the deceased.
The Bombay High Court on Tuesday confirmed the conviction of two people sentenced to life imprisonment in the 2010 Bhendi Bazaar double murder case, in which a special court had also acquitted gangster Chhota Rajan and two others.
A bench of Justices Revati Mohite-Dere and Neela K Gokhale dismissed appeals filed by Mohammed Ali Shaikh and Pranay Rane challenging their convictions and life sentences. They were arrested on October 23, 2010, after four people fired at Shakil Ibrahim Modak, who was the personal assistant of then MLC Bhai Jagtap, and Mohammed Irfan Qureshi.
They were convicted under Indian Penal Code sections 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons), 120B (criminal conspiracy) and provisions of the Arms Act on April 25, 2022, by Special Judge A T Wankhede.
The special court was constituted to deal with cases booked against Chhota Rajan under Maharashtra Control of Organised Crime Act/Terrorism and Disruptive Activities (Prevention) Act/Prevention of Terrorism Act and sessions cases. Rajan is now lodged at Tihar Jail in New Delhi.
The CBI had claimed that one of the accused had been in constant touch with Rajan. The special court, however, acquitted him along with two others.
Special Public Prosecutor Pradip Gharat, for the CBI, submitted in the high court that the prosecution had examined 37 witnesses as its case rested on direct evidence of an injured eyewitness, Mohamed Asif Khan, who had informed police and filed the complaint in the case.
However, the two convicts’ advocate argued that Khan had been semi-conscious while giving his statement, given a description of only one of the assailants, and had not seen the assailants’ faces as he had immediately left the spot.
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The high court noted that there was another eyewitness, Shahabaz Abdul Rehman, who had suffered no injuries and identified the two convicts, who had fired at the deceased. Another witness, Shaikil Ismail Qureshi, had seen three-four men firing at unknown people. Gangubai Sonawane, who was injured in the incident, had also deposed as a witness in the case.
“The present case, thus, primarily hinges on the testimony of four eyewitnesses,” the high court said.
The high court added that although the prosecution had “fairly succeeded in establishing guilt of the appellants beyond reasonable doubt on the basis of recovery of weapon, evidence of Doctor, panchas and the Investigating Officer”, the testimony of a single eyewitness passing the “test of reliability” is sufficient for conviction.
The high court thus held that the special court’s decision was “well reasoned” and “legally sound”. “The evidence on record, when assessed in its entirety, establishes the guilt of the Appellants beyond reasonable doubt. The observations of the trial Court regarding reliability of the eyewitnesses testimony, the corroborative evidence, etc are compelling and do not warrant any interference. Prosecution has established its case beyond all reasonable doubt against the appellants herein based on legal, admissible and cogent evidence,” it said while confirming the convictions.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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