HC grants bail to man convicted for immolating wife over backlog of appeals

Bombay High Court grants bail to Parvej Raees Hussain Sayyed, sentenced to life for immolating his wife due to backlog in appeal hearing and inconsistencies in the prosecution's case.

Mumbai: The Bombay high court recently granted bail to Parvej Raees Hussain Sayyed who was sentenced to life imprisonment for immolating his wife. Justices Revati Mohite Dere and Shyam C Chandak granted him bail after acknowledging that the appeal is unlikely to be heard soon due to backlog and the fact that Sayyed had spent over seven years in jail.

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The incident took place on April 29, 2017, in Mumbai when Sayyed had poured kerosene on his wife, Khushi Fatima, and set her on fire following a dispute over work and suspicions about her character.

Fatima succumbed to her injuries on May 6, 2017. Sayyed, represented by Advocate Jyoti Shahu, sought suspension of his sentence, arguing that there were inconsistencies in the prosecution’s case.

The prosecution’s case relied primarily on a dying declaration made by Fatima to police Naik Prakash Ingle from Shivaji Nagar Police Station. Fatima claimed that her husband had become suspicious of her and, in a fit of rage, set her on fire. However, no executive magistrate was involved in recording the declaration, and witness testimonies, including that of the doctor present during the declaration, were inconsistent.

Sayyed was convicted in November 2023 by the additional sessions judge of greater Mumbai. He was sentenced to life imprisonment and fined ₹10,000, with an additional six months of simple imprisonment if the fine was not paid.

Justice Dere and Chandak ordered that Sayyed be released on bail upon furnishing a bond of ₹20,000 with one or two sureties of the same amount. He must report to the trial court once every four months until his appeal is resolved. Additionally, Sayyed must keep the trial court informed of his current address and mobile number and update them about any changes.

If Sayyed fails to appear before the trial court twice consecutively, the trial judge will report to the high court, allowing the prosecution to seek bail cancellation.