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Accused released on bail in Sensational Yavatmal double murder case

Accused released on bail in Sensational Yavatmal double murder case

Division bench comprising of Justice SB Shukre and Justice GA Sanap has granted bail to accused Anwar Khan Chote Khan Pathan in sensational double murder case of Yavatmal. Anwar Khan Chote Khan Pathan was arrested in Crime lodged with Police Station Awadhutwadi vide crime no. 987/2021 for offences under sec 302, 109 r/W 34 of l. P. C., and section 3(l)(v) of S.C. and S.T. (Prevention of Atrocities) Act by PS Awdhootwadi, Yavatmal.

The prosecution story as in the FIR that, on 12-10-2021one Nikhat Pathan lodged the report withPS Awdhootwadi, Yavatmal allegiing therein that, at about 6.00 p. m. her husband Wasim Pathan (Deceased) received phone call from Abdul Rehman accused called Wasim to go out. As per call Wasim gone out accompanied Umesh Yerme his friend.Thereafter about 8.30 p.m. when Nikhat talked Wasim on phone he said he Will take dinner and will come thereafter once the party is over. Thereafter in the night at about 11.30 p.m. Nikhat received information that her husband Wasim and his friend Umesh were murdered. Therefore she lodged the report mentioning therein that, accused Niraj Waghmare, Anwar Khan Chote Khan Pathan and her husband had quarrel last month where in accused Niraj threatened deceased Wasim to kill in front of Nikhat Pathan. Therefore accused Anwar Khan Chote Khan Pathan and other accused got Wasim and Umesh murdered through accused persons namely 1. Abdul Rehman , 2. Nitin Pawar , 3. Nilesh. Uike and one juvenile accused.

It was submitted that, perusal of FIR as well as statement of alleged eye witnesses will reveal that, complainant while narrating the FIR has not even referred to the presence of appellant at the spot of occurrence much less any role is attributed to him and present appellant is arrested only on the basis of suspicion.

The prosecution has proceeded against the appellant as an abettor and conspirator of crime.

While allowing the bail application, court made following observations, We find that the only role attributed to this Appellant by the witnesses is that he was one of the abettors to the crime which the other four accused had committed in the present case. According to the witnesses, Neeraj Waghmare and Chote Kha Pathan were the abettors of the crime while Rehman Shaikh, Nitin Pawar, Nilesh Uike and Abhinav Shende were the actual assailants. Niraj Waghmare has been released on bail by this Court vide order dated 12.04.2022 in Criminal Appeal No.142 of 2022. The case of the Appellant is no different than the case of Niraj Waghmare and therefore, he is entitled to benefit of principle of parity.

Adv Mir Nagman Ali, Adv Fasi Ur Rehman and Adv Haris appeared for Anwar Khan Chote Khan Pathan

Adv Mir Nagman Ali,

Bombay High Court, Nagpur Bench, Nagpur

Updated : 7 Aug 2022 8:47 PM GMT
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