Andheri Court Grants Actor Kamaal R Khan Temporary Bail in Oshiwara Firing Case
In a significant development, the Andheri railway court in Mumbai on Friday granted actor and social media personality Kamaal R Khan temporary cash bail of Rs 25,000 in a firing case. The Oshiwara police had arrested Khan last week, and he has been lodged in Arthur Road Jail since then. With the court's order, he is set to be released on Saturday, pending further legal proceedings.
Legal Arguments Highlight Alleged Flaws in Arrest and Charges
Khan's lawyer, Sana Raees Khan, presented a robust defense in court, challenging the legality of the arrest and the substance of the allegations. She argued that the arrest was illegal, arbitrary, and contrary to law, as a mandatory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was never served on Khan before his detention. Furthermore, she contended that Khan was never informed of the specific grounds for his arrest, either orally or in writing, which she claimed violates procedural safeguards.
Forensic and Physical Impossibility of Allegations
The defense also raised critical points regarding the forensic evidence and the physical feasibility of the alleged incident. Sana Raees Khan argued that no ballistic report or forensic opinion was on record connecting the recovered bullet to Khan's licensed firearm. She emphasized that Khan's firearm had already been seized, eliminating any risk of misuse. Additionally, she highlighted that the effective range of the firearm in question is approximately 20 metres, whereas the distance between the complainant's balcony and Khan's residence exceeds 1,500 metres. This, she asserted, makes the alleged act physically and practically impossible, casting doubt on the veracity of the charges.
Challenges to Motive and Witness Credibility
In her submissions, Khan's lawyer further argued that no motive was alleged or established against the applicant. She pointed out that there was no accusation that Khan aimed at the building or the informant. The allegation, she claimed, appears to be an afterthought based on hearsay from a witness whose name was not mentioned in the remand report. This witness allegedly heard firing from Khan's building, which the lawyer described as proving the absurdity and falsity of what she termed a malicious allegation.
Legal Provisions on Firearm and Cartridges
The defense also addressed issues related to firearm licensing and cartridge possession. Khan holds a valid licence for the firearm, and his lawyer argued that the allegation of missing cartridges would, at most, constitute an administrative breach under the Arms Act, not a criminal offense. She noted that Section 30 of the Arms Act merely imposes a fine for such discrepancies, and the Bharatiya Nagarik Suraksha Sanhita does not criminalize it. Moreover, she stated that mere possession of 22 cartridges does not incriminate Khan, as Arms rules permit a licensed arm holder to purchase up to 200 cartridges in a calendar year.
Police Investigation and Ongoing Actions
Meanwhile, the Oshiwara police are awaiting the ballistic report in the case, which could provide crucial evidence. In a related move, the Versova police have sent a proposal to the Mumbai police commissioner's office seeking the cancellation of KRK's weapon licence. This step indicates that the authorities are continuing their investigation and considering further administrative actions against the actor.
The case has drawn significant attention due to Khan's public profile and the serious nature of the allegations. As the legal process unfolds, the arguments presented by his defense team highlight key legal and factual challenges that could influence the outcome. The temporary bail grant offers Khan a reprieve, but the broader implications for firearm regulations and arrest procedures in Mumbai remain under scrutiny.
