Shariful Fakir, accused of having attacked Bollywood Saif Ali Khan has sought bail claiming that the investigation in the case is over and all critical evidence is in possession of police. Fakir’s lawyer, while seeking bail, has also claimed that his arrest was illegal. The court is scheduled to hear his bail plea on Tuesday.
Fakir, a Bangladeshi national is accused of sneaking into the house of Khan on the 12th floor of the building in Bandra through the bathroom on January 16. It is claimed that Fakir climbed the building and entered the house not knowing it belonged to the actor and asked for money holding the family at knife point.
As per the complaint lodged by a staff nurse at the house, Fakir first went into the bedroom of Khan’s son Jehangir but was stopped by the nurse. He first attacked her, and on being confronted he demanded Rs 1 crores. Later, when Khan woke up, and tried to intervene, Fakir attacked him with the knife.
underwent an emergency surgery at the Lilavati Hospital. He was discharged after five days. Meanwhile, Fakir in the scuffle managed to escape and was arrested on January 19.
While seeking bail for him, his lawyers have contended that the police, while arresting him, did not provide him a copy of grounds of arrest, rendering his arrest illegal. It is contended that it is mandatory to provide grounds of arrest to the accused before taking him in custody.
Besides, it’s been alleged that allegations in the FIR are the imagination of the complainant. The defence has further contended that has not committed any offence as alleged by the police and that the even if the witnesses’ statements are taken as a gospel truth, without admitting anything on record it will not be able to satisfy the ingredients of the offence of robbery or dacoity committed with the intent to cause death or grievous hurt.
Besides, one of the grounds of bail is also that the investigation is also complete in the case. “All the critical evidence, including CCTV footage and call records, are already in the possession of the prosecution and the applicant does not pose any threat of tampering with the evidence or influencing the witnesses,” reads the bail plea.
