MUMBAI, October 22: With the Mumbai police's failure to provide any kind of evidence against him, Nizam Inayat Sheikh, the first accused in the killing of Gulshan Kumar, was formally discharged from the case today by metropolitan magistrate V V Palnitkar. He had already been given bail on October 3.Thus, Sheikh is no more an accused in the Gulshan Kumar murder. He had been arrested on August 12. The police themselves filed an application requesting the magistrate to discharge Sheikh from the case. The police said that Sheikh be discharged from the case under section 169 of the Criminal Procedure Code. This section says, ``If the police fail to collect evidence against the accused and that already collected does not prima facie constitute of such alleged offence, then the police shall move the court for discharge of the accused.''Gulshan Kumar was murdered in Andheri in the morning of August 12, 1997 by some unidentified assailants. Based on the description of the assailants given by the eyewitnesses, the police prepared a rough sketch of the attackers. One of the sketches resembled Sheikh, and the police arrested him on suspicion. His advocates Jatin Parekh and Rakesh Parekh then applied for bail on his behalf in the City Civil and Sessions Court.
