In a significant development, the Aurangabad bench of the Bombay High Court has granted bail to two individuals accused in a brutal murder that had shocked the town of Basmath in Hingoli district earlier this year. The court's decision came after considering the nature of the evidence presented by the prosecution.
The Gruesome Crime and Alleged Motive
The case pertains to the murder of Vishwanath Kadam on May 11 within the jurisdiction of the Basmath City police station. The killing had created a major sensation due to its extreme brutality. According to the prosecution's case, the victim sustained a horrifying total of 38 stab wounds.
Investigators claimed that the crime originated from a personal dispute. The prosecution alleged that Kadam had been forcing a married woman, who was a cousin of the accused, to continue a relationship with him. It was further claimed that Kadam had pressured her by posting her photographs on social media platforms, an act which allegedly triggered the fatal attack.
Court's Reasoning for Granting Bail
Justice Sachin S Deshmukh, in his bail order passed on December 5, outlined the rationale behind the decision. The court noted that after considering submissions from both sides and perusing the material on record, including the chargesheet, it found the case to be based on circumstantial evidence.
A pivotal point in the order was the court's observation regarding a witness statement. Justice Deshmukh stated, "Pertinently the statement of the witness – Ashok Kachgunde recorded under section 183 of the BNSS, which prima facie, does not name any of the person as such in absence of incriminating material connecting the applicants to alleged incident." The bench concluded that this warranted consideration of the bail application.
The court acknowledged the apprehension expressed by the Additional Public Prosecutor but stated that it could be adequately addressed by imposing stringent conditions on the accused.
Stringent Bail Conditions Imposed
The High Court bench ordered the release of the accused, Rajesh Gulabrao Chavan and Pravin Tukaram Chavan, on bail subject to strict terms designed to ensure their cooperation with the trial process and to address security concerns.
The key conditions mandated by the court include:
- Furnishing a personal release bond of Rs 50,000 each along with two solvent sureties for the same amount.
- A complete restriction from entering Basmath city until the conclusion of the trial, except for the specific purpose of attending court hearings.
- The requirement to report to the investigating officer whenever called in writing.
- The obligation to attend the trial court every month between 11 am and 1 pm to formally mark their presence.
The court's order emphasizes that the trial's integrity and the safety of those involved remain paramount, even as the accused are granted provisional liberty.
