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february 2018

Supreme Court of India · 2018-02-08

Mubin Shaikh vs The State Of Maharashtra

Citation / case number
AIR 2018 SUPREME COURT 947
Court
Supreme Court of India
Petitioner
Mubin Shaikh
Respondent
The State Of Maharashtra
Author
S.A. Bobde
Bench
L. Nageswara Rao, S.A. Bobde

Judgment text excerpt

The Supreme Court held that the reasoning provided by the Bombay High Court for granting bail to the accused in a murder case was flawed, as it suggested that the victim's religion was a mitigating factor. The Court emphasized that the fact that the deceased belonged to a certain community cannot justify assault or murder, thereby reinforcing the principle that communal identity should not influence judicial decisions. The Supreme Court set aside the High Court's bail order, reiterating the need for a fair assessment of the merits of the case without bias towards community affiliations.

Mubin Shaikh vs The State Of Maharashtra · Niyam