The special CBI court on Friday acquitted all accused, including BJP MLA Ranajagjitsinh Patil's father and former NCP leader Dr Padmasinh Patil, in the 20-year-old murder case of Pavanraje Nimbalkar, dealing a setback to rebel Shiv Sena (UBT) MP Omprakash Nimbalkar.
Pavanraje Nimbalkar and his driver, Samad Kazi, were murdered in 2006 near Kalamboli Circle in Panvel, Maharashtra. Dr Padmasinh Patil and eight others were among those accused in the case. The special court acquitted all of them, citing lack of evidence.
Pronouncing the verdict, Special CBI Court judge S R Navandar said the case, initially investigated by Panvel police and later by the Crime Branch before being handed over to the CBI, suffered from serious evidentiary shortcomings.
"I am really feeling bad that I am reading the judgment of a 20-year-old case. A total of 127 witnesses were examined. The judgment has been delivered within the framework of law. The entire case was built around approver Parasmal Jain, who allegedly murdered Pavanraje Nimbalkar for Rs 50,000. However, Jain owned properties worth crores in Mumbai and its suburbs, making it difficult to believe that he would commit murder for such an amount," the judge said.
The court further observed that the investigation was flawed.
"There were no records of phone calls, mobile phones were not seized for scientific analysis, and there was no proper sequence established in the case. No substantial evidence was produced. Witnesses narrated different versions at different times, making their statements unreliable. Mere allegations cannot be the basis for conviction," the court said.
Sources claimed that Omprakash Nimbalkar had delayed his decision to formally join the Shiv Sena, insisting that he first wanted justice for his slain father.
"June 18 was the last date to meet Lok Sabha Speaker Om Birla and form a separate group of six rebel Shiv Sena (UBT) MPs before merging with the Shiv Sena. Nimbalkar held back the move, saying he wanted justice for his father first. This also led Eknath Shinde to drop plans for a grand induction of the six MPs during the Shiv Sena foundation day event on June 19," a source said on condition of anonymity.
A senior Sena leader said the verdict could affect the party's ongoing "Operation Tiger" efforts to attract opposition leaders.
"It will now be interesting to see how Nimbalkar views the court order and what decision he takes next," the leader said.
Following the acquittal, Maharashtra Deputy Chief Minister Eknath Shinde's office said Chief Minister Devendra Fadnavis and Shinde had spoken to Union Home Minister Amit Shah and decided to challenge the special CBI court's verdict.
CBI to challenge acquittal in higher court
Maharashtra Deputy Chief Minister Eknath Shinde said the CBI would challenge the acquittal of Patil and seven others in the higher court.
Shinde said he and Chief Minister Devendra Fadnavis discussed the matter with Union Home Minister Amit Shah following the special CBI court's verdict. According to Shinde, Shah directed the CBI to file an appeal against the acquittal.
"After discussions with Amit Shah, it was decided that the CBI will challenge the judgment in the higher court," Shinde said at an event in Kolhapur attended by Shah, Fadnavis and Shinde.
The case has drawn political attention as Pawanraje Nimbalkar was the father of rebel Shiv Sena (UBT) MP Omprakash Raje Nimbalkar.
Shiv Sena (UBT) leader Sanjay Raut had earlier alleged that Omprakash was being promised a favourable verdict in the case amid efforts to persuade him to join the ruling alliance.
Rejecting any such link, Omprakash Raje Nimbalkar told PTI on Friday that the verdict in his father's murder case had nothing to do with the current political situation.
"Connecting my father's murder case with the current political situation has no meaning. Had it been so, I would have joined the ruling parties earlier in 2022 seeking a quicker verdict," he said.