The Bombay High Court has granted bail to 14 Muslim men accused of involvement in communal violence on Mira Road, which occurred on the eve of the Ram Temple consecration.
The single-headed bench of Justice NJ Jamadar, presiding over a single-judge bench, observed that the continued detention of the accused lacked substantial justification.
"Where the guilt of the accused hinges upon their identity as members of the unlawful assembly with a shared intent to commit the alleged offences, their further detention as undertrial prisoners appears tenuous," the court noted in its order.
The incident occurred on January 21, 2024, as Vinod Jaiswal (the complainant) and his family attended a devotional hymn (bhajan) function to mark the consecration of Lord Ram's temple in Ayodhya. After the event, Jaiswal, accompanied by family, friends, and relatives, embarked on a drive in a convoy of three to four cars and 10 to 15 two-wheelers.
During their return journey, a Muslim boy reportedly approached Jaiswal, asking him to stop. Subsequently, a mob of 50 to 60 individuals armed with rods, sticks, batteries, and weighing scales allegedly surrounded Jaiswal and his group.
The complainant claims they were assaulted, slogans were raised, and vehicles were damaged, including broken windshields and dented bonnets. The mob allegedly desecrated religious symbols displayed on the vehicles and attempted to slit Jaiswal's throat.
The High Court's order has brought attention to the need for a detailed examination of the evidence against the accused to establish their roles and identities in the alleged mob violence.
While noting that the further detention of the accused is unwarranted the bench noted that “Having regard to the nature of the occurrence, the number of the accused, the number of witnesses and especially the nature of the evidence the prosecution may be required to adduce, it appears extremely unlikely that the trial can be concluded within a reasonable period.,” the order reads.
Furthermore, the bench observed that “Prima facie, it does not appear that in the CCTV cameras have captured any of the applicants assaulting the first informant by means of the knife, as alleged, or for that matter, any of the injured witnesses. That brings to the fore the question of constructive criminality,” the order states.
Case title: Abdul Samad Akbar Shaikh & Ors vs State of Maharashtra
Website designed, developed and maintained by webexy