Accused Mohammad Shariful Islam Shehzad, who attacked Saif Ali Khan last week at the actor's residence in Mumbai, has been sent to Police custody till January 29, as reported by ANI.
According to the details, court observed that there is substantial progress in the matter and to investigate other consequential aspects is necessary. The offence is serious and triable by the sessions court. Such investigation is necessary even for ascertaining the innocence of the accused so taking all facts into account the submissions pertaining to the notice under BNSS section 35 don’t apply. Nothing from the records inferred that arrest is illegal.
Advocate Sandeep Sherkhane, who is representing the accused said, as quoted by ANI, that they objected the demand of police custody as the accused's presence was not required because custody is required when the accused needs to be shown something.
The advocate said, "...Police presented the progress of the investigation...The weapon has been recovered and the clothes have been recovered as well. They have sent everything to the Forensics. But from the point of view of investigation, there was no sufficient reason today to get the Police custody. Because I have already raised a point that accused's presence is not required because custody is required when the accused needs to be shown something. But the discussion has already been done by the Police. Just because the matter is so hyped, it has been taken into the consideration by the court and he has given a 5-day Police custody."
Advocate Sherkhane said, "Today, the Police has come forward with the Police custody of the accused. We have objected to the length (of the custody). Already the investigation has been done regarding the weapon and everything. It has been clearly stated in the court that the investigation related to the accused is over. Therefore, further Police custody is not required. The investigation regarding the inquiry and the CDR and other things for which the accused custody is not required which has been submitted before the Court. To that, certain point has been laid by the public prosecutor regarding the weapon recovery - how he has obtained, that has been raised. For which the Police custody has been granted." He further added, "Face is not matching. The face structure is totally different from the present accused."
On Tuesday, Saif Ali Khan was discharged from the hospital, after spending five days. Last week, the intruder broke into the 54-year-old actor's home and stabbed him several times. Saif was then rushed to Lilavati Hospital, where he underwent five-hour surgery to treat the severe injuries, including the removal of a 2.5-inch-long blade from the actor's body.