- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1293 OF 2007 IN APPEAL NO.346 OF 2006 Mr.Irshad Yusuf Mulla ..Applicant/ Appellant Vs. The State of Maharshtra ..Respondent ... Mr.M.Mohite i/b Mr.V.M.Kocharekar Advocate for Applicant-Appellant Mr.V.B.Konde-Deshmukh APP for State ... CORAM: R.M.S.KHANDEPARKAR, AND CORAM: R.M.S.KHANDEPARKAR, AND CORAM: R.M.S.KHANDEPARKAR, AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE OF RESERVING: 13.6.2008 DATE OF RESERVING: 13.6.2008 DATE OF RESERVING: 13.6.2008 DATE OF PRONOUNCING: 15.7.2008 DATE OF PRONOUNCING: 15.7.2008 DATE OF PRONOUNCING: 15.7.2008 AT 5.00 P.M. IN CHAMBER AT 5.00 P.M. IN CHAMBER AT 5.00 P.M. IN CHAMBER P.C. [PER SMT.V.K.TAHILRAMANI,J.]: P.C. [PER SMT.V.K.TAHILRAMANI,J.]: P.C. [PER SMT.V.K.TAHILRAMANI,J.]: 1. Heard the learned counsel for the applicant-original accused no.2 and the learned APP for the State. 2. The applicant has been convicted under Section 302 read with Section 120-B and under Section 364 read with Section 120-B of IPC. The applicant is now seeking bail. - 2 - 3. The applicant-original accused no.2 was married to Geeta Natwarlal Soni i.e. original accused no.1. Sharda Natwarlal Soni (accused no.3) is the mother of original accused no.1. 4. Deceased Adi Khurshed Cursetji aged about 73 years, was living with his wife Mehroo at "Mon Ripos" building. They had no issues. The deceased was living a retired life. Deceased Adi Cursetji came in contact with original accused no.1 Geeta Soni i.e. wife of the present applicant and they developed intimate relationship probably that of father and foster daughter. On account of this relationship, the deceased transferred some of his assets and properties in the name of Geeta Soni i.e. the wife of the present applicant. Deceased Adi Cursetji also purchased a flat at Kakad Estate Worli for Rs.40 lakhs in their joint names i.e. in his name and in the name of Geeta Soni. Adi Cursetji had also purchased a flat at Breach Candy worth 3.5 crores and he had made Geeta Soni nominee of the said flat. The deceased also executed Will dated 21.1.2002 wherein he had willed most of his property to Geeta Soni i.e. the wife of the present applicant. - 3 - 5. However, thereafter, the relationship between the deceased and the wife of the present applicant became sour. The reason is that Geeta Soni (accused no.1) married the present applicant who is a driver by profession on 9.5.2008. Adi Cursetji did not like the marriage of Geeta Soni with Irshad Mulla (applicant). On 20.5.2003, Adi Cursetji met an advocate i.e. PW 5 Mrs.B.H.Narichane and informed her that he had made a Will in favour of his foster daughter Geeta Soni relating to his property. Adi Cursetji told the said advocate that he wished to change the Will and he wanted to bequeath his property to his wife and a Trust for animals. Adi Cursetji informed the said advocate that Geeta Soni had married some person and he was not happy with the marriage. Thus, Adi Cursetji informed the advocate that he wanted to change his Will and he wanted to get papers prepared in relation to his bank Account. 6. Deceased Adi Cursetji and Geeta Soni also had a bank locker in Central Bank of India, Colaba which was being jointly operated by both of them. On 19.5.2003, Adi Cursetji wrote a letter Exh.43 to - 4 - the Manager of Central Bank of India, Coloba that the locker should not be allowed to be operated. On the very next day i.e. on 20.5.2003 i.e. the day of the incident, Geeta Soni went to the said bank to operate the locker, however, in view of the letter of Adi Cursetji dated 19.5.2003, the bank did not allow Geeta Soni to operate the said locker. 7. It is the prosecution case that the wife of the present applicant apprehended that Adi Cursetji was going to cut her out of his Will, hence, she entered into a conspiracy with the present applicant and others to do away with Adi Cursetji. 8. On 20.5.2003 at about 7.30 p.m., Sharda Soni the mother in law of applicant visited the house of Adi Cursetji. Some arguments took place between them which was witnessed by PW 11 Jaya Mohite who was the servant of deceased Adi Cursetji. They were insisting that Adi Cursetji should accompany them. While going, the servant PW 11 Jaya and Adi’s wife Mehroo were told not to disclose this fact to anyone. After saying so, the door was locked from outside and they went away. Deceased - 5 - Adi Cursetji was not inclined to go away with Sharda Soni to the flat in Kakad Estate at Worli, which he had jointly purchased in his name and the name of Geeta Soni. However, Sharda i.e. mother in law of present applicant caught hold of Adi Cursetji and brought him down from the building. PW 10 Arvind Zha, the watchman of the building in which deceased used to reside, has stated that on 20.5.2003 at about 7.15 p.m. Sharda Soni i.e. mother of Geeta and Adi Cursetji came to the gate of the building of deceased. At that time Geeta’s mother had caught hold of the hands of the deceased. In the meantime, one taxi came to the gate of the building, this witness saw that the present applicant was sitting in the said taxi. The applicant got down from the taxi and he made the deceased and Sharda sit in back seat of the taxi. This witness has stated that thereafter he did not see Adi Cursetji. 9. PW 9 Pandav is the watchman of the building in Kakad Estate in which Geeta Soni and her mother Sharda Soni resided. He knew Geeta Soni, Sharda Soni, the applicant Irshad and the deceased. PW 9 Pandav has stated that on 20.5.2003 at about 9.00 p.m. one taxi came to the gate of the building - 6 - Kakad Estate. Sharda Soni caught Adi (deceased) and took him into the building. The present applicant Irshad followed them. It is pertinent to note that soon thereafter, the deceased was found in dead condition in the flat where the applicant and his wife Geeta Soni resided. 10. PW 11 Jaya has stated that later that night Geeta Soni informed Mehroo, the wife of the deceased that her husband had died. Thereupon, the wife of the deceased expressed her desire to see the dead body. Geeta Soni told her that as it was late she would show her the body in the morning. Geeta Soni took out the telephone lines in the house and she locked the flat wherein wife of deceased was staying from outside. 11. PW 20 Parvez Wadia is an employee at the Parsi Tower of Silence. He received a phone call that one Adi Cursetji had died at Kakad Estate and he should bring the body. On reaching there he found the body on the sofa. When he enquired about relatives of the deceased, Geeta Soni told him that the deceased did not have any relatives and that the deceased was residing in the adjoining flat. - 7 - 12. Looking to the evidence on record, it is clear that deceased Adi Cursetji has been murdered by Geeta Soni who is the wife of the applicant and in this murder the present applicant is also very much involved. In short, it was with the active help of the applicant that the deceased was brought to the house of the applicant and his wife Geeta Soni where the deceased came to be found dead. The motive for the murder was monetary gain. In this view of the matter, we do not think that this is a fit case to grant bail. 13. Application is rejected. [R.M.S.KHANDEPARKAR, J.] [R.M.S.KHANDEPARKAR, J.] [R.M.S.KHANDEPARKAR, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]