THE GOAN NETWORK
PANAJI
The Additional Sessions Court, Mapusa granted bail to a PWD employee Altaf Nazir Shaikh, arrested in an alleged illegal hunting case that led to the death of Samad Khan in December 2024, citing his limited role in the offence.
Judge Sharmila Patil observed that Shaikh’s role in the crime was limited and the primary offense under Section 105 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS) was not made out against him.
Shaikh was arrested by Valpoi police on December 25, 2024, under various provisions of the BNS, the Indian Arms Act and the Wildlife Protection Act after the incident. However, the court noted that the main allegation against him arose from the statement of co-accused Rehan Bepari, which, while a lead for investigation, was not admissible as evidence.
It further observed that since Shaikh was not present at the scene of the crime but was only implicated in assisting in concealing the illegal firearms, his continued custody was not justified.
During the hearing contesting the bail application, the prosecution argued that Shaikh, along with co-accused Babu Sanghar and Gaus Patel, had gone on a hunting expedition using prohibited firearms, which resulted in the accidental shooting and death of their associate Khan.
The prosecution contended that after the incident, the accused persons carried the deceased’s body for two hours in their car before taking it to the Valpoi health center. During the investigation, police recovered firearms and ammunition after a confession from the accused.
“The nature of the crime perpetrated by the accused persons is grave and heinous, as it pertains to their involvement in illegal hunting activities using prohibited firearms and during said activity a Toyota Etios owned by the accused/applicant was used by the accused persons for hunting activities, which has tragically resulted in the death of their associate,” the prosecution said.
The defense argued that Shaikh was falsely implicated and had no criminal background. It was also submitted that the investigation concerning him was complete, his vehicle had been seized, and he was no longer required for further custody.
The Court, while granting conditional bail, noted that the applicant was not with the main accused on the incident day. The Investigating Officer's claim of weapon concealment did not establish a prima facie offense under Section 105 of BNS. Instead, the alleged offense falls under Section 238 (destruction of evidence) of BNS.
“The role of the applicant is very limited with the offense as alleged. Even otherwise the illegal firearms along with the bullets and ammunition are already recovered from the co-accused and thus the custody of the applicant is not required for any further investigation,” reads an extract of the order.
