The court said, “The matter of the deceased that being referred to as a communal one cannot justify any crime or a murder”.
The SC has analysed the Bombay High Court’s order of allowing the request for bail to the accused- three persons in a 2014 Shaikh Mohsin’s (Pune Technology Enthusiast) dramatic murder case and announced that a court could not reach conclusions appearing with an inclination towards or away from a community. The SC placed the order of Bombay High Court aside, where it had acceded bail to all the three charged persons.
A bench of Justices placed the order of the high court’s decision aside over granting bail to the involved criminals, who were the right-wing group HRS (Hindu Rashtra Sena) members, and did not understand why the high court mentioned that “the guilt of the victim was – he belonged to another religion”.
The accused remain triggered after visiting a meeting of HRS, and then 30 minutes before the incident, they had finished up assailing the victim. The SC had denied granting bail to the accused while answering that the deceased attacked for the reason that he resembled like a Muslim (as he was).
Judging the views represented by the high court, the SC said, “It is conceivable that the Judge wanted to order out of a personal objective against the victim, however, only featured communal hatred. The judge also did not intend to hurt the sentiments of any community or support another; however, the statements exposed to such critique”.
The victim was assailed and murdered, by a crowd of more than 20 people, for keeping a beard and donning a tint green-coloured shirt when he was on the way to have dinner with a pal.
The SC had approved the request of the kin of the deceased and ordered the accused to be taken on remand and their bail application to be understood anew by the high court. The bail application of the accused must examine by the high court within a six weeks time.