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Oshiwara firing: Kamaal R Khan gets temporary bail in firing case; police await ballistic report
During the hearing, Khan’s counsel Sana Raees Khan argued that the arrest was illegal and contrary to law, as no notice under Section 35(3) of the Bharatiya Nyaya Sanhita was served on the accused prior to his arrest, which she said was mandatory
MUMBAI: Actor and producer Kamaal R Khan, popularly known as KRK, was granted temporary cash bail of ₹25,000 by the Andheri Railway Court on Friday in a firing case registered by the Oshiwara police. Khan, who was arrested last week and lodged at Arthur Road Jail, was set to be released on Saturday following the court’s order.
During the hearing, Khan’s counsel Sana Raees Khan argued that the arrest was illegal and contrary to law, as no notice under Section 35(3) of the Bharatiya Nyaya Sanhita was served on the accused prior to his arrest, which she said was mandatory.
She further submitted that there was no ballistic report on record linking the allegedly recovered bullet to Khan’s licensed firearm. The firearm had already been seized by the police, she said, ruling out any possibility of misuse.
The defence also contended that no motive had been alleged or established against Khan, noting that there was no claim that he aimed at the complainant’s building or at the informant. The lawyer described the case as based on an “afterthought” allegation by a hearsay witness whose name did not figure in the remand report, and who merely claimed to have heard a gunshot from the applicant’s building.
Arguing that the allegation was physically impossible, the defence pointed out that the effective range of the licensed firearm was around 20 metres, while the distance between the complainant’s balcony and Khan’s residence exceeded 1,500 metres.
On the recovery of 22 cartridges, the lawyer submitted that this too did not incriminate the accused, as Arms Rules permit a licensed firearm holder to purchase up to 200 cartridges in a calendar year.
Officials from the Oshiwara police said they were awaiting the ballistic report in the case.
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