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The Bombay High Court has suspended life sentence awarded to a man who decapitated his girlfriend’s cousin brother & has enlarged him on bail.

A bench of Justices AS Gadkari & Shyam C Chandak said that the last seen theory was not plausible enough in the case & it was prima facie unable to accept that the weapon which was used to kill Umesh Ingale and which was recovered at the instance of Hashmi had human blood after being recovered from the ditch with water level upto the knee.

“It is important to note here that, though the weapon used in the present crime was recovered from a ditch/pond in presence of P.W.2, from a place filled with water upto knee level, the Chemical Analyser Report mentions that, human blood was found on the said weapon. Prima facie we are unable to accept the case of the prosecution to that extent,” the bench noted. 

Nijam Asgar Hashmi was convicted under Sections 302 and 201 of the Indian Penal Code by the Trial Court in September 2021. 
According to the order, Hashmi was having an affair with Ms. Geetanjali Ingale, the cousin sister of Umesh Ingale. Umesh Ingale used to go to Balaji Fitness Club, a gym, situated at Bibawewadi, Pune which Hashmi also used to attend.
On 16th June 2018, Umesh Ingale (deceased) left home to attend the said gym but did not return. One of the witnesses saw Ingale with Hashmi on 16th June & both were seen on CCTV footage together, near the where Ingale’s body was later discovered.

The bench noted that there was a substantial gap between Hashmi seen last together with the Ingale and finding of Ingale’s dead body  after about three days.

“Applicant is behind the bars since the date of his arrest i.e. 21st June 2018 and has undergone more than 5 years and 6 months in incarceration as of today. In view of the above during pendency of the Appeal we are inclined to suspend the sentence of the Applicant and enlarge him on bail,” the bench said.

Case Title: Nijam Asgar Hashmi Vs State of Maharashtra