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'Every sinner has a future': Bombay HC suspends Nijam Asgar Hashmi's life sentence, convicted for beheading Umesh Ingale, his girlfriend’s cousin; questions evidence led by Hashmi, who invited Ingale for "sheer khurma" on Eid just to get rid of him

Nijam Asgar Hashmi appealed against the conviction and filed an interim application seeking suspension of sentence and release on bail.
 |  Satyaagrah  |  Law
Bombay HC Suspends the Life Sentence of Nijam Asgar Hashmi, Who Beheaded His Hindu Girlfriend’s Cousin; Grants Him Bail
Bombay HC Suspends the Life Sentence of Nijam Asgar Hashmi, Who Beheaded His Hindu Girlfriend’s Cousin; Grants Him Bail

On the 18th of April, a significant legal decision came from the Bombay High Court concerning Nijam Asgar Hashmi. Hashmi had previously been convicted for the gruesome murder of 20-year-old Umesh Ingale, who was the cousin of his girlfriend, Geetanjali Ingale. The court suspended his life sentence and granted him bail.

This ruling was influenced by the conclusion reached by Justices AS Gadkari and Shyam C. Chandak. They scrutinized the evidence presented against Hashmi, specifically the weapon alleged to have been used in the murder. The weapon, found in a water-filled ditch where the water level reached up to the knee, was crucial to the prosecution's case. However, the Justices found it problematic to accept the prosecution's claim that this weapon, recovered at Hashmi's direction, still bore traces of human blood.

"It is important to note here that, though the weapon used in the present crime was recovered from a ditch/pond in the presence of P.W.2, from a place filled with water up to knee level, the Chemical Analyser Report mentions that, human blood was found on the said weapon. Prima facie we cannot accept the prosecution case to that extent," the court declared.

The backstory of the case dates back to 2018 when Hashmi, then 19, was arrested on accusations of murdering Umesh Ingale. The authorities suggested that Hashmi's motive was fueled by jealousy over the close relationship between Ingale and Geetanjali, who was also Hashmi's girlfriend.

The discovery of Umesh Ingale's body added a chilling detail to this case. On the 19th of June 2018, Ingale's decapitated and partially unclothed body was found by laborers near the Punyadham Ashram, located in the Kondhwa Budruk area of Pune. Nearby, within a fifty-foot radius, a blood-stained T-shirt and a sandal were discovered, further linking the scene to the violent act.

Umesh Ingale tragically lost his life in an attack using a sharp object that left him with severe injuries to his hands and abdomen. After the attack, the assailant removed Ingale's clothes in an attempt to complicate the identification of any evidence related to the crime. During the thorough investigation that followed, authorities discovered both the severed head of the victim and the murder weapon in a nearby canal, shedding light on the gruesome nature of the crime.

The prosecution's narrative revealed a chilling prelude to the murder. They reported that Nijam Asgar Hashmi had invited Umesh Ingale to share "sheer khurma," a traditional sweet dish commonly served during Eid, under the guise of celebrating the festival together. However, the prosecution argued that Hashmi's real intention was sinister, aiming to permanently eliminate Ingale. "The perpetrator asked Umesh Ingale to have 'sheer khurma' with him on the occasion of Eid and had intended to get rid of him," stated the prosecution. According to them, while Ingale was distracted by the meal, Hashmi violently attacked him and subsequently dismembered his body to obscure his identity further.

On September 30, 2023, after an intense trial involving testimonies from 24 witnesses, the Pune Sessions court found Hashmi guilty of murder under Section 302 of the Indian Penal Code and of causing the disappearance of evidence under Section 201, sentencing him to a life term in prison.

Further complicating the narrative, the prosecution highlighted key video evidence. They asserted that on the evening of June 19, 2018, at approximately 7:50 PM, both Nijam Hashmi and Umesh Ingale were captured in CCTV footage near the site where Ingale's dismembered body was eventually discovered. This footage was pivotal, as the body was found roughly three days after this last sighting, marking a significant timeline in the case's investigation. The bench of Justices Ajay Gadkari and Shyam Chandak took note of the time gap in evaluating the sequence of events presented during the legal proceedings.

In the ongoing legal proceedings concerning Nijam Asgar Hashmi, the Bombay High Court made a pivotal decision regarding his incarceration. The court's judges noted the duration of Hashmi's imprisonment since his arrest on June 21, 2018. "Applicant has been behind 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. Given the above during the pendency of the Appeal we are inclined to suspend the sentence of the Applicant and enlarge him on bail," the bench remarked. This decision to suspend his sentence and grant bail was heavily influenced by the amount of time Hashmi had already spent in custody.

nizaam20Apr
The headless body of a 20-year-old plumber, Umesh Bhimrao Ingle, was found in a ditch at a construction site in Kondhwa Khurd on June 19' 20018

Further details emerged about the regular activities and the last known movements of Umesh Ingale before his tragic demise. Both he and Hashmi were known to frequent the Balaji Fitness Club located in Bibawewadi. On June 16, 2018, Ingale left his home to visit the fitness club but tragically never returned. Compelling evidence from that day includes CCTV footage capturing both men together and a witness who reportedly saw them. In a subsequent search, authorities discovered Ingale's PAN card and cell phone in a ditch near a canal, alarmingly close to where the murder weapon, identified as a "Sattur," was found after Hashmi directed the police to its location.

The circumstances surrounding the murder weapon introduce further complexities into the case. According to Sana Raees Khan, Hashmi's lawyer, the "Sattur" was discovered four days after the murder in a pond filled to knee height with water. Despite the conditions, the weapon still bore bloodstains. However, Khan raised doubts about the prosecution's narrative by stating that the blood found on the weapon did not match the blood of the deceased, as determined by chemical analysis. This discrepancy has become a significant point of contention in the appeal process, challenging the evidence that linked Hashmi directly to the crime.

Nijam Asgar Hashmi, who has been embroiled in a high-profile legal battle after his conviction for murder, made significant moves to challenge his legal standing. He appealed against his conviction and concurrently filed an interim application for the suspension of his sentence, seeking release on bail. Given his extended period of incarceration, which surpassed five years and six months, the court decided to grant him bail during the ongoing appeal process.

In setting the terms for Hashmi’s bail, the court stipulated several specific conditions to ensure compliance and continued cooperation with the legal process. Hashmi was required to post a Personal Recognizance (PR) bond of Rs. 50,000. Additionally, he needed to secure one or two financially stable local sureties, each for an equivalent amount, to guarantee his presence during the trial proceedings.

Moreover, as part of the bail conditions, Hashmi is mandated to report regularly to the Kondhawa Police Station in Pune. For the first year, his reporting schedule is set for the first Monday of every month. After the initial year, the frequency of his visits will decrease, requiring his presence every third month. The court has clearly stated that if Hashmi fails to meet these conditions twice consecutively, the prosecution holds the authority to request the revocation of his bail. This structured framework aims to balance the rights of the accused with the concerns of public safety and judicial integrity.

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