Bombay HC Grants Bail To Main Accused In Mohsin Shaikh Lynching Case

Justice SS Jadhav set the bail amount at Rs 50,000 and set certain conditions for his bail. One of those forbids Desai from making any speech or such related to the HRS or making any public speeches. An affidavit was filed on behalf of Desai in compliance with the bail conditions.

Mohsin Shaikh was a 28-year-old techie, who on his way back home after offering namaz in the evening got killed by a mob allegedly provoked by Desai.

According to the prosecution, the murder took place on June 2, 2014. There was a meeting conducted by the Hindu Rashtra Sena at Hadapsar, Pune, regarding an incident where a statue of Shivaji Maharaj was defiled and 'objectionable posts' on Bal Thackeray were circulated on social media. Dhananjay Desai made instigating speeches to a fired-up mob. Thereafter, all the accused armed with weapons on two-wheelers started moving on the road. They spotted Mohsin Shaikh along with two other men and attacked them with sticks and bats. One of Mohsin's companions escaped at the time of the incident.

Previously, the high court had granted bail to others accused in the case namely Vijay Gambhire, Ranjeet Yadav and Ajay Lage. In a controversial order, the court had noted that the accused had no criminal record but were "provoked in the name of religion", hence bail was granted to them.

Advocate Abhijit Desai appeared on behalf of Desai and argued that the co-accused in the case had been granted bail and hence, in parity with other accused, Desai should also be released on bail. A total of 21 accused have been named in the case, out of which 18 are out on bail. Only 3 accused, including Desai, remain in jail.