In an unbelievable verdict, the Bombay High Court recently granted bail to three men who were charged with allegedly murdering a Muslim man after attending a meeting of the fringe right-wing group Hindu Rashtra Sena (HRS) in Pune in 2014.
The court said that accused did not kill the man over a personal enmity and that they had been provoked “in the name of religion”.
“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 prosecution said that on June 2, 2014, HRS organised a meeting at Hadaspar in Pune following violent protests after morphed images of king Shivaji and late Shiv Sena leader Bal Thackeray were uploaded on Facebook by unidentified persons.
A provocative speech by a leader during the speech allegedly instigated the audience to go on a rampage.
After the speech, the three accused, along went around the area on two wheelers, armed with weapons.
At this time, the deceased, Shaik Mohsin, had gone to the same area along with his brother Riyaz and friend Wasim to get dinner. While they were on their way back, the attacked Mohsin and his friend withhockey sticks, bats and stones. Mohsin, who was seriously injured, succumbed to death.
The three accused were arrested and charged with murder and rioting under relevant sections of the Indian Penal Code. Their bail plea was rejected by the sessions court in Pune. They then approached the high court.
Here is the court order: