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 .
    1. I
      Jan 17, 2017 at 3:52 am
      Indian courts radicalized.. A BIG SHAME
      1. I
        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.
        1. D
          Jan 17, 2017 at 7:27 am
          Doesn't muslim quran says kill Kafirs becuase of their religion.
          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.
            1. H
              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.
              1. N
                Jan 17, 2017 at 5:05 am
                Sick minded Sanghis heavily intruded to judiciary.Dark days are ahead..
                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.
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