Bail in Muslim youth’s murder: Bombay HC cites his religion as provocation

Mohsin’s family plans to move the Supreme Court against the grant of bail to the accused — of the 21 accused, 14 have been granted bail so far.

Written by Ruhi Bhasin , Chandan Shantaram Haygunde | Pune | Updated: January 17, 2017 5:01 pm
bombay high court, mumbai news, mumbai floods, public address systems, mumbai public address systems, mumbai disaster management, india news, mumbai news Bombay High Court. (File Photo)

The family of Mohsin Shaikh, a 28-year-old in Pune who was murdered in June 2014, allegedly by members of the Hindu Rashtra Sena (HRS), is stunned by the order of the Bombay High Court which granted bail to three of 21 arrested in the case. In her January 12 order, Justice Mridula Bhatkar observed that “the fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused. More-over, the applicants/accused do not have any criminal record and it appears that in the name of the religion, they were provoked and have committed the murder”.

WATCH VIDEO | Bombay High Court Grants Bail To 3 Accused In Muslim Youth Murder Case

Mohsin’s family plans to move the Supreme Court against the grant of bail to the accused — of the 21 accused, 14 have been granted bail so far. The Maharashtra government too may challenge the grant of bail to the three men. An opinion in this regard, sources said, is likely to be sent by the public prosecutor’s office to the state government.

Mohsin, who worked in a Pune firm, was attacked on his way home after offering prayers at a masjid on the night of June 2, 2014. His friend Riyaz Ahmed Mubarak Shendure was with him when they were targeted, allegedly by HRS members protesting a Facebook post of some derogatory pictures of Chhatrapati Shivaji and Bal Thackeray.

Later, a case of murder was registered at the Hadapsar police station and 21 HRS members, including their leader Dhananjay Jayram Desai alias Bhai, were arrested.  Four days ago, Justice Bhatkar, while granting bail to Vijay Rajendra Gambhire, Ganesh alias Ranjeet Shankar Yadav and Ajay Dilip Lalge, noted that the accused had attended a meeting “prior to the incident of assault. The applicants/accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin”.

“…Dhananjay Desai was the one who was the speaker in the meeting and he instigated the audience… the transcript of the speech given by Dhananjay Desai was sufficient to show that he had incited feelings of religious discrimination. The meet was held… prior to the incident of assault,” the January 12 order stated.

Sadiq Shaikh, father of Mohsin, is stunned by this observation of the High Court. “We are not convinced by the ground on which the HC has granted bail to the accused. Is provocative speech permissible for murder of an innocent person from another religion? All three accused were arrested from the murder spot. We have decided to challenge this bail order in Supreme Court,” he said.

In its chargesheet, police said they had two witnesses who had seen and heard the discussion of the alleged HRS activists who had gathered at Gondhale Mala in Hadapsar around 8.30 pm on June 2, 2014. “The activists were carrying hockey sticks, wooden batons etc. During the meeting, they started discussing that HRS president Dhananjay Bhai has said that Muslims should be thrashed for posting derogatory pictures of Shivaji Maharaj on Facebook. Their vehicles, shops should be damaged. They should not be allowed to do any business in the area. There should be terror of HRS in Hadapsar,” the chargesheet stated.

On March 5, 2015, the High Court had rejected the bail plea of prime accused Desai. His lawyer Sanjay Punalekar said they had filed a fresh application, seeking bail and also an application for Desai’s discharge in the case. “Hearing on these applications will take place in the HC on February 1,” Punalekar said.

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  1. R
    Rakesh Kochhar
    Jan 17, 2017 at 4:41 am
    Shameful judgment. It is bound to be over ruled . It's saffronisation of judiciary wilfully by the judge .
    Reply
    1. I
      Ikok
      Jan 17, 2017 at 3:52 am
      Indian courts radicalized.. A BIG SHAME
      Reply
      1. I
        India
        Jan 17, 2017 at 8:32 am
        I have to ask some questions to indian express where are u when Charlie hebdo is happening where are u when hindus potion get decreased from 20% to 2%in stan .where are u when Christian get killed in middle east. Where are u when our women get raped where are u when kashmir pandit thrown out . where are u when muslims got crazy if someone say something about prophet. Where are u when non muslims get bombed by shouting allahuakbar. And most disappointed thing that u called it secular.
        Reply
        1. D
          Dost
          Jan 17, 2017 at 7:27 am
          Doesn't muslim quran says kill Kafirs becuase of their religion.
          Reply
          1. D
            Des Mera
            Jan 17, 2017 at 9:02 am
            What a sad state of affairs ... this shameless judgment reminds me of what used to happen in apartheid africa, what has happened in apartheid america 50 years back, and in our neighboring country of germany several decades back. Alas, we have come to this, where India is not a country anymore run by the rule of law or righteousness, but by the whims of few powerful. I am ashamed to be from the majority today. Jaisa raja waisa praja.
            Reply
            1. H
              Hendricks
              Jan 17, 2017 at 2:57 am
              Judge may be a RSS sympathiser or a RSS agent who had infilterated Judiciary to protect RSS and Sanghi Muderers.
              Reply
              1. N
                Nh
                Jan 17, 2017 at 5:05 am
                Sick minded Sanghis heavily intruded to judiciary.Dark days are ahead..
                Reply
                1. H
                  Hindustan Hamara
                  Jan 17, 2017 at 4:41 am
                  Double standard on the part of judiciary. Same judiciary jailed Rocky Yadav and Sahabuddin on the charges of murder, gave bail to these murder accused. Shameful and black for Indian judiciary.
                  Reply
                  1. H
                    Hindustan Hamara
                    Jan 17, 2017 at 4:45 am
                    Shameful and black day for Indian Judiciary. Move to Supreme Court like Nitish Kumar did in the case of Rocky Yadav and Mohd. Sahabuddin. Judicial system should be same for all in India.
                    Reply
                    1. K
                      Kakey
                      Jan 17, 2017 at 7:23 am
                      Everyone is more Indian than RSS and Safronizzed Terror.
                      Reply
                      1. K
                        Kakey
                        Jan 17, 2017 at 7:21 am
                        W country is fed up with RSS and Sanghis. Soon they will have no place to hide after 2019 elections.
                        Reply
                        1. M
                          Michellegt;Vedicgt;human
                          Jan 17, 2017 at 5:53 am
                          Before that even happens I will kill you first,---that's the true Hindu blood and stop using Hindu name it's a disgrace of a traitor like you.
                          Reply
                          1. M
                            Michellegt;Vedicgt;human
                            Jan 17, 2017 at 4:34 am
                            Hindus around the globe have united,---slow and silent unification have gained momentum,---Hindu uprising is now long overdue,--just wait and watch.
                            Reply
                            1. M
                              Michellegt;Vedicgt;human
                              Jan 17, 2017 at 3:16 am
                              Hundreds of mullah's who invaded Hindustan and their convert decendants are still roaming around freely with millions of Hindu bloods on their hand.
                              Reply
                              1. M
                                Michellegt;Vedicgt;human
                                Jan 17, 2017 at 5:07 am
                                Those making comments below,----you are not judge and jury,----do you all know what really happened???---were you at the scene??----juggles are not street kids,----they know the rules of the book and judiciary,---so stop making $hit comments,---they have ruled the judgement based on witnesses who were at the scene any where Muslims are they are the culprits since its evident all over the world,---Jai hind.
                                Reply
                                1. M
                                  Michellegt;Vedicgt;human
                                  Jan 17, 2017 at 6:25 am
                                  To all convert MULL-,---you converted on your own will,---so that's your own problem,---sort it out your own selfs,---if you think that invaded MULL- are your ancestors than live Hindustan immediately,----leave Hindus who fought against invaders in peace and follow the HINDUVTA law,----or else face the consequences.--Jai hind.
                                  Reply
                                  1. M
                                    Michellegt;Vedicgt;human
                                    Jan 17, 2017 at 6:03 am
                                    Try me and you will come across a Hindu who will bend you over and send you where you belong,---SOB.
                                    Reply
                                    1. M
                                      Michellegt;Vedicgt;human
                                      Jan 17, 2017 at 3:47 am
                                      Until the decendants and converts of invaded mullah's of looters and genocide of Hindus in Hindu Kush are cleansed off their life's with millions of Hindu bloods in their hands,---the killings of Muslims will continue,----it's the Hindu uprising,----Jai hind.
                                      Reply
                                      1. S
                                        Saurabh
                                        Jan 17, 2017 at 4:24 am
                                        Now With such a illiterate judge at Mumbai HC, not even God can save our country.
                                        Reply
                                        1. A
                                          Abhilash Nair
                                          Jan 17, 2017 at 6:37 am
                                          Has the judge gone crazy? Or was he bribed. No wonder India has such pathetic judicial system. s like this judge are in judiciary.
                                          Reply
                                          1. M
                                            Mathura
                                            Jan 17, 2017 at 4:42 am
                                            The public prosecutor's connivance with the accused and judges biasness supported by state Govenrment is amply clear. Rule of law has been replaced by rule of s
                                            Reply
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