Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

The Bombay High Court on Monday granted bail to 14 Muslim men accused of rioting and injuring a Hindu family as it celebrated the consecration of the Ayodhya Lord Ram Temple in Mira Road, on January 21, this year.Single-judge Justice Nijamoodin Jamadar noted that the accused were in custody since January and the fact that given the huge number of witnesses and accused, the trial is unlikely to be concluded within a reasonable time. "Evidently, the investigation is complete for all intent and purpose. The applicants appear to have roots in society to tie them down to their place of abode and avocation. Possibility of fleeing away from justice appears remote. In the backdrop of the nature of the offences and the genesis thereof, the possibility of tampering with evidence and threatening the witnesses also appears remote," Justice Jamadar noted. Notably, communal riots took place in Mira Road during the night hours on January 21, 2024, when the complainant Vinod Jaiswal, along with his family and relatives, after attending a Bhajan event, decided to go for a drive in the vicinity. The complainant and his family, took around 3 to 4 four wheelers, and 10 to 15 two wheelers, with certain religious flags mounted on the said vehicles. However, due to traffic jam, they diverted their route and entered an area, where allegedly 50 to 60 Muslim men, armed with weapons like swords, sticks etc, suddenly attacked them. The accused damaged their vehicles and even injured the members of the Jaiswal family. "Prima facie, it appears that premeditation or a prior meeting of mind to attack the members of the convoy cannot be inferred as the very entry of the informant party into the said locality was a matter of chance," Justice Jamadar said. The bench, however, found material indicating that the accused damaged the four wheelers extensively."As regards the injuries suffered by the members of the informant party, prima facie, it appears that the first informant had sustained a laceration over the right cheek and swelling, abrasion and trauma over other parts of the body. All injuries were simple. Rest of the witnesses had sustained simple injuries," the court noted. As far as the CCTV evidence is concerned, the judge pointed out that the same only shows the accused attacking the vehicles and damaging the cars. "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," the judge said. With these observations, the bench granted bail to the accused. Appearance:Senior Advocates Gayatri Singh and Mihir Desai along with Advocates Karim Pathan, Vijay Hiremath, Mubin Solkar, Fazlurrahman Shaikh, Shane Ilahi Turky, Fardeen Shaikh, Tabish Shaikh, Sharin Pathan, Afin Pathan, Rafiq Gori, Rajay Gaikwad, Pritha Paul, BN Tiwari, Shahood Anwar, Tahir Hussain, Anaj Shaikh and Hemal Shah appeared for the Applicants. Special Public Prosecutor Kaushik Mhatre along with Additional Public Prosecutor HJ Dedhia represented the State. Case Title: Abdul Samad Akbar Shaikh vs State of Maharashtra (Bail Application 3014 of 2024)Citation: 2024 LiveLaw (Bom) 628Click Here To Read/Download Order

Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

Narsi Benwal

Tags