AIROnline 2025 SC 884
Supreme Court Of India
(From : AIROnline 2024 KER 749)
Dipankar Datta,
Augustine George Masih
, JJ
(A) Criminal P.C. (2 of 1974) , S.439(2)— Revocation of bail – Legality – Offences of murder, unlawful assembly and hurt – Allegations that accused were activists of particular political organization who, allegedly, due to political enmity, brutally attacked victim who succumbed to the injuries – Accused had not violated any of the conditions of bail except in one case – Accused had suffered incarceration for nearly a year and thereafter had been on bail for almost 2 years before the orders granting bail were revoked – By imposing stringent conditions, issue of likelihood of witnesses being influenced or evidence being tampered with, could have been addressed – Antecedents by themselves cannot constitute a ground for denial of bail – Trial was not likely to conclude in near future – Since grant of bail, accused had not been involved in any similar or other offence – Circumstances in relation to FIR lodged against one accused after grant of bail, were not such as to warrant cancellation of bail – Order of revocation of bail was set aside
AIROnline 2024 KER 749-ReversedAIROnline 2024 KER 749-ReversedAIROnline 2024 KER 749-Reversed
(Para 21
25)
(B) Criminal P.C. (2 of 1974) , S.439(2)— Revocation of bail – Powers of….
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