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.