murder conspiracy - The Legal Chamber

The Supreme Court held that a coordinate bench cannot modify or relax bail conditions imposed by an earlier bench absent gross error or changed circumstances, emphasizing judicial discipline, finality of orders, and sanctity of verdicts. Cancellation of bail requires proof of breach, not mere apprehension. Trial courts must avoid unwarranted criticism of court-appointed special public prosecutors. Facts Of The Case: The case arises from a murder conspiracy allegation registered on 8th October 2019, wherein Sk. Md. Anisur Rahaman and co-accused were charged under Sections 302/120B IPC and Arms Act for the killing of a political rival. Anisur was arrested on 16th November 2019 and trial commenced before the 3rd Additional Sessions Judge, Tamluk. On 26th February 2021, the West Bengal gover...

The Supreme Court ruled that bail parity cannot be mechanically applied when material distinctions exist between accused persons. It held that alleged conspirators/masterminds of a serious crime (Section 302 IPC) cannot claim bail parity with minor co-accused, especially when evidence suggests their active role in hiring a contract killer. The Court emphasized that bail decisions must consider the gravity of allegations, evidentiary role of each accused, and potential witness intimidation, rather than granting parity as a blanket rule. The judgment clarified that "parity" under Section 439 CrPC requires comparable roles, not mere similarity of charges. Facts Of The Case: The case involves a brutal shooting during a marriage procession in Rajasthan on November 28, 2023. The prosecution al...

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Political Patronage, Hostile Witnesses, and Fair Trial: Supreme Court Declines to Cancel Bail in High-Profile Murder Case

“Masterminds Can’t Claim Parity with Minor Accused”: Supreme Court Overrules Bail Order under 302 IPC