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2018 Supreme(SC) 193

S.A.BOBDE, L.NAGESWARA RAO
MUBIN SHAIKH – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


ORDER :

1. Leave granted.

2. On 02.06.2014 at about 9.00 P.M., the deceased Shaikh Mohsin was proceeding for dinner with another friend Riyaz. He was wearing a pastel green colour shirt and had a beard. According to the prosecution, the accused respondents before us, targeted them because they belonged to a certain community and started assaulting Shaikh Mohsin with hockey sticks, bats and stones. This resulted in his death.

Apparently, the accused were said to have been highly motivated to do the act because they had attended a meeting of a body called Hindu Rashtra Sena about half and hour before the incident.

3. The accused applied for bail before the Sessions Court, Pune. The Sessions Court, Pune rejected the bail applications of the accused. The Sessions Court observed that 23 persons in all (including two juveniles in conflict with law) appeared to have assaulted the deceased and the other injured person. The deceased was assaulted because he looked like a Muslim and that the deceased prima facie had no concerned with disgracing Shivaji Maharaj. The Sessions Court found that prima facie, the accused were said to have been present in the meeting which was held at about 8.30 p.m. i









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