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Vinod and his associates were assaulted and slogans were hurled. They also broke the windshields of the car and damaged the bonnets. They also alleged that the mob desecrated the flags and the images of the deity pasted on the windshield of the vehicles and attempted to slit the throat of the first informant
The Bombay High Court has recently granted bail to 14 Muslim men who were booked for communal violence in Mira Road on the eve of Ram Temple Consecration.
A single-judge bench of the high court comprising Justice NJ Jamadar in its order noted that their further detention appeared tenuous.
“Where the guilt of the accused would hinge upon their identity as the members of the unlawful assembly, who shared the common object to commit the alleged offences, their further detention as under-trial prisoners appears tenuous,” the order states.
On the eve of Lord Ram's consecration at Ayodhya on 21st January 2024, Vinod Jaiswal (informant) and his family members attended a devotional hems (bhajan) function. Thereafter, Vinod and his family members, relatives, and friends proceeded for a drive in 3 to 4 four-wheelers and 10 to 15 two-wheelers.
On the way home a Muslim boy accosted the first informant and asked him to wait for a few minutes. A mob of 50 to 60 persons armed with rods, sticks, batteries and weighing scales surrounded the first Vinod and his associates.
Vinod and his associates were assaulted and slogans were hurled. They also broke the windshields of the car and damaged the bonnets. They also alleged that the mob desecrated the flags and the images of the deity pasted on the windshield of the vehicles and attempted to slit the throat of the first informant.
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
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