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Mubin Shaikh v. The State of Maharashtra & Anr.

Criminal Appeal · 2018 INSC 121Decided 8 Feb 2018
Criminal Appeal No. 245 of 2018
Justice S.A. Bobde · Justice L. Nageswara Rao

Background

This order sends the case back; it does not decide the dispute. Six accused in a murder case were granted bail by the Bombay High Court in an order that appeared to treat the victim's religion as a mitigating factor.

Decision Breakdown

This is not a final decision on the dispute. The Court held that this reasoning was impermissible and set aside the bail order. It sent the bail applications back to the High Court to be decided afresh on merits within six weeks, without commenting on the merits.

Lesson Learnt

A bail order cannot rest on the religion or community of the victim.

Official source (sci.gov.in)View Judgment (PDF)

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