Nagpur: In a significant ruling, the JMFC court on Wednesday rejected the police custody remand (PCR) and granted bail in a murder case, citing that the grounds of arrest were explained to the accused only in Marathi, a language he did not comprehend. The accused, Mujammil Hasaan Ali, was arrested for allegedly killing his friend Salman Ansari, 22, over a one-sided love affair at Sangharsh Nagar under Yashodharanagar Police Station limits on Sunday.
Background of the Case
The accused, educated only up to Class 9, is conversant only in Hindi. Police had sought four days of custodial interrogation till June 14. However, JMFC MD Birhari rejected the PCR application after hearing arguments from both sides. The court cited violations in informing the grounds of arrest as mandated by law and Supreme Court judgments.
Defence Arguments
Defence advocates Adv Kamal Satuja, Adv Kailash Dodani, Adv Bhushan Sachdev, and Adv Anmol Goswami argued that the accused was falsely implicated. They pointed out that although documents showing grounds of arrest were annexed, there was no mention of timing. Crucially, the grounds were provided in Marathi, a language the accused does not understand. The defence stated that the grounds of arrest were not properly communicated to any relative of the accused — only an intimation was given. This, they contended, violated Supreme Court judgments in Vihan vs State and Mihir Shah, rendering the arrest illegal. They demanded immediate rejection of the PCR and release of the teenager.
Police Stand
The investigating officer prayed for PCR, stating the arrest was legal as grounds were explained verbally, and further investigation was needed, including seizure of the weapon used in the crime. Earlier reports indicated that Mujammil had worked for nearly two years at a fabrication unit run by Salman's family and developed feelings for his sister, leading to family tensions. His father Hassan Ali, who also has a criminal background, shifted to Dobi area near Mominpura. Despite the relocation, threats continued over phone calls. Police said Mujammil already faces several cases.
Further Investigation
Further investigation into the murder is underway. The body of Salman was sent for autopsy.
