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Bombay HC grants bail to three men accused of killing Muslim

The accused do not have any criminal record and it appears that they were provoked in the name of the religion to committed murder, said the court, while granting bail to the accused.

Written by Ruhi Bhasin | Mumbai |
Updated: January 17, 2017 12:11:34 pm

The Bombay High Court has granted bail to three men, arrested for allegedly attacking a Muslim man after attending a Hindu Rashtra Sena (HRS) meeting in Hadapsar, Pune. “The fact that the deceased belonged to another religion is in favour of the accused, who were provoked in the name of the religion and seem to have committed the murder,” said the court.

“The meeting was held prior to the incident of assault. The accused, otherwise, had no other motive, such as any personal enmity, against the innocent deceased. The only fault of the deceased was that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have any criminal record and it appears that they were provoked in the name of the religion and have committed murder,” said Justice Mridula Bhatkar.

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

On June 2, 2014, a meeting of the right wing outfit Hindu Rashtra Sena (HRS) was conducted at Hadapsar, Pune, on account of the alleged defiling of a statue of King Shivaji Maharaj. According to the complaint, one of the co-accused, Dhananjay Desai, had allegedly given instigating speeches at the meet. Following the meeting, the three accused, along with Desai, started roaming around in the area on two wheelers, armed with weapons.

Meanwhile, the deceased, Shaikh Mohsin, along with his elder brother Riyaz and his colleague Wasim, was in the area to get dinner. The accused noticed the deceased, who was wearing a pastel green colour shirt and had sported a beard. They allegedly targeted him and his friend Wasim and assaulted them with hockey sticks, bats and stones, said a police report.

While Riyaz escaped, Mohsin, who was riding the bike, was badly injured. Later, Riyaz rushed back to the spot and found his brother lying on the road, severely injured.

He sought help from passersby who informed the police. Mohsin was shifted to the hospital, where he succumbed to his injuries.

Later, Riyaz filed a complaint against the assailants, following which the three were arrested on charges of murder and causing riot. The counsel for the accused submitted that they were innocent, claiming that they were not present at the time of the incident. He further said that others who played identical role had been let off on bail and the three should also, therefore, be granted bail.

The prosecution, however, argued that the accused were indeed involved in the murder of Mohsin and that they should not to be given bail as they have taken the life of an innocent man.

“From the record and the statements of the witnesses, it is apparent that the accused were present at the meeting. The court, while earlier rejecting Desai’s bail, have referred to his speech and stated that it was sufficient to incite the feelings of religious discrimination in the crowd,” held the court.

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