Bombay High Court Suspends Life Sentence, Grants Bail to Man Convicted of Decapitation Murder

The Bombay High Court has suspended the life sentence and granted bail to Nijam Asgar Hashmi, who was convicted of murdering his girlfriend's cousin, Umesh Ingale, by beheading him. The court noted discrepancies in the prosecution's case, raising questions about the presence of human blood on the recovered murder weapon despite chemical analysis reports.

Hashmi was arrested on June 21, 2018, for the gruesome murder of Ingale. The prosecution alleged that Hashmi used a 'Sattur,' a sharp weapon, to decapitate the victim. However, the court observed inconsistencies in the evidence presented, particularly regarding the recovery of the murder weapon from a water-filled ditch and the Chemical Analyser Report indicating the presence of human blood on the weapon, which did not match that of the deceased.

The court also noted a substantial gap between the last sighting of Hashmi with the deceased and the discovery of Ingale's body, casting doubt on the prosecution's case. Considering these factors and the fact that Hashmi has been in custody for over five years and six months, the court decided to grant him bail during the pendency of his appeal.

Why this matters: The Bombay High Court's decision to suspend the life sentence and grant bail in a murder case highlights the importance of thorough investigation and reliable evidence in criminal proceedings. It emphasizes the need for a fair trial and the presumption of innocence until proven guilty beyond reasonable doubt.

Hashmi's release is subject to furnishing a personal bond of Rs.50,000/- and providing one or two solvent local sureties of the same amount. The court granted the prosecution the liberty to file for the cancellation of bail in case of two consecutive defaults on bail conditions. The court observed, "The 'last seen theory' was not plausible enough in the case and that it was prima facie unable to accept that the weapon used to kill Ingale, which was recovered from a ditch with water up to the knee level, had human blood on it according to the Chemical Analyser Report."

Key Takeaways

• Bombay HC suspends life sentence, grants bail to man convicted of beheading
• Court notes discrepancies in prosecution's case, questions blood evidence on weapon
• Substantial gap between last sighting and body discovery casts doubt on case
• Bail granted due to 5+ years in custody, need for fair trial and presumption of innocence
• Court observes 'last seen theory' not plausible, blood evidence on weapon questionable