Mohsin Shaikh murder: HRS leader booked for taking part in rallyhttps://indianexpress.com/article/cities/pune/mohsin-shaikh-murder-hindu-rashtra-sena-leader-dhananjay-desai-booked-for-taking-part-in-rally-5577934/

Mohsin Shaikh murder: HRS leader booked for taking part in rally

Prime accused violated signed undertaking; cops to submit bail cancellation plea.

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A video grab of Dhananjay Desai at the rally.

A day after Hindu Rashtra Sena leader Dhananjay Desai, prime accused in the Mohsin Shaikh murder case, was released on bail and was seen taking part in a rally, police have registered an offence against him and said they will submit a report to the court stating that Desai’s bail should be cancelled as he had violated its conditions.

The 39-year-old right-wing leader was released from Yerawada central jail after the Bombay High Court granted him bail. After he came out of prison on Saturday afternoon, his supporters took out a rally on bikes and four-wheelers, carrying saffron flags and shouting slogans, as they headed towards his residence from the prison. Desai was spotted waving from the sunroof of a car.

While granting the bail, the High Court had said, “The applicant shall abide by the undertaking given to this court till the conclusion of the trial. For any breach of the condition or breach of any undertaking, the prosecution will be at liberty to file an application under section 439 (2) of the Code of Criminal Procedure.” The Section 439 (2) of the CrPC states, “A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.” In the signed undertaking given to the HC, Desai had stated, “I undertake that, till the conclusion of trial. pending before the Sessions Court, Pune, the Applicant (Desai) shall not in any manner whatsoever involve in any Public/Political activities related to or organised at the behest of Hindu Rashtra Sena or even otherwise.” A senior officer from Pune City Police said, “Not only have we have registered an offence for holding a rally without any prior permission, Desai is also in clear violation of the undertaking he gave to the court. We are consulting the District Government Pleader and will soon be submitting a report to the HC, pointing out the violation of the undertaking and that his bail should be cancelled. The court will take appropriate action.”

Senior Inspector Dinkar Mohite of Yerawada police station said, “An offence has been registered against Desai and over 150 others for holding a rally without permission. They have been booked under sections of the Bombay Police Act. Of the others who were present at the rally, some have been identified. A probe is on.”

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Mohsin, a native of Solapur, was as an engineer working with a private firm in Pune. During the communal clashes following the circulation of objectionable pictures of Shivaji Maharaj and Bal Thackeray, youths associated with the Hindu Rashtra Sena (HRS) allegedly attacked Mohsin while he was on his way home with a friend after offering prayers at a mosque in Hadapsar on June 2, 2014.

Mohsin was then admitted to a hospital where he succumbed during treatment. His brother, Mobin Shaikh, lodged a complaint of murder at the Hadapsar police station. During an investigation, police had arrested 21 HRS members, including Desai. Desai’s lawyer Milind Pawar said, “He (Desai) had not organised the rally. But his supporters, who were eagerly awaiting his release, did it impromptu. There is no violation of the conditions.”