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His bail plea would come up before Sessions Judge D V Marathe tomorrow. Shaikh would be defended by defence lawyer Majeed Memon while the state would be represented by prosecutor Ujjwal Nikam.
The 65-year-old Shaikh was chargesheeted recently by police after a sessions court delivered its verdict in the Gulshan Kumar murder case on April 24 this year. He is now facing a fresh trial for his complicity in the murder of the audio king and is seeking bail in this case.
Shaikh was an accused in Gulshan Kumar murder case but he turned approver and was granted pardon by a magistrate. Later, he turned hostile in the court and did not support the prosecution. Hence, the conspiracy charge in this case could not be established and several accused were acquitted.
Prosecutor Ujjwal Nikam had declared him hostile in the court and issued a certificate withdrawing the pardon granted to him. In such an event, his status as a witness changed and he was asked to sit in the dock along with other accused.
After the verdict, the prosecution chose to prosecute him and accordingly filed a chargesheet against him.
In his bail petition, Shaikh has pleaded he was old and infirm. The accused submitted he was in custody for over five years. The conspiracy charge in Gulshan Kumar murder case had failed and almost all the accused were acquitted, he pleaded. PTI
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