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Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes

17Sep

By The Legal ChamberNo Comments

Supreme Court

Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes

The Supreme Court reiterated that bail grant requires a balanced assessment of the nature and gravity of the offence, the prima facie case, and the accused's potential to influence the trial or evade justice. It set aside the High Court's bail order for failing to consider these established parameters, particularly the accused's conduct and the crime's seriousness. Facts Of The Case: The case stems from an FIR registered concerning a violent incident on the intervening night of May 4-5, 2021. The accused, Sushil Kumar, and his associates were alleged to have abducted several individuals from different locations in Delhi and taken them to Chhatrasal Stadium. There, they were violently attacked with wooden sticks and lathis, and gunshots were allegedly fired. One of the abducted in...

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

The Supreme Court overturned a bail order, ruling that the High Court failed to apply correct legal principles under Section 389 CrPC for suspending a sentence. It emphasized that post-conviction bail in heinous offences requires a palpable prima facie case for acquittal, not a re-appreciation of evidence or conjectural reasoning. Facts Of The Case: In a case originating from Rajasthan, the prosecutrix, a 14-year-old girl, testified that on June 13, 2023, Respondent No. 2 accosted her at gunpoint while she was defecating in a field. He covered her mouth, forcibly took her to a nearby abandoned house, and raped her. She immediately reported the incident to her family, and her father filed an FIR. The Trial Court convicted Respondent No. 2 under the POCSO Act and sentenced him to 20 years ...

Supreme Court Acquits Accused in Chhattisgarh Murder Case : “Eyewitness Failures Lead to Acquittal”

The Supreme Court acquitted the accused in a double murder case, ruling that the prosecution failed to prove guilt beyond reasonable doubt. The judgment emphasized that eyewitnesses must identify accused in court and link them to specific roles, noting material omissions and contradictions in testimonies. It reinforced Section 162 CrPC standards for reliable evidence, overturning concurrent convictions due to fatal investigative lapses. Facts Of The Case: The case involved a violent incident on March 24, 2001, in Masturi, Chhattisgarh, where nine accused armed with swords, lathis, and poleaxes allegedly attacked a medical shop, killing Manrakhan Singh and Narayan Singh and injuring five others, including family members of the deceased. The prosecution claimed the attack stemmed from a pr...