SC cancels Bombay HC's bail order in Pune murder case

After carefully perusing a Bombay High Court order granting bail to three persons accused of murder, the Supreme Court observed that the bail based on "the fact that the deceased [Mohsin] belonged to a certain community cannot be a justification for any assault much less a murder". Cancelling the bail, a bench of Justices SA Bobde and L Nageswara Rao pulled up the HC bench that had passed the order observing there was "little reference to/or discussion on the merits of the bail applications" and that the bail was granted simply because the deceased belonged to a "certain community". "While it may be possible to understand a reference to the community of the parties involved in an assault, it is difficult to understand why it was said that 'the fault of the deceased was only that he belonged to another religion' and further 'I consider this factor in favour of the applicants/accused'," the order read. Chastising the order, the apex court observed that "a Court fully conscious of the plural composition of the Country while called upon to deal with rights of various communities, cannot make such observations which may appear to be coloured with a bias for or against a community." The bench further directed accused to appear before the HC on February 16 and directed the matter to be decided within six weeks. The top court was hearing a plea challenging bail granted by the Bombay High Court to members of the Hindu Rashtra Sena who are accused of murdering a Muslim techie Mohsin Shaikh in Pune in 2014.

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