Section 307 IPC - The Legal Chamber

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 Rules: Conspiracy Can Be Proven by Conduct, Not Just Direct Evidence

The Supreme Court upheld the conviction under Section 120B IPC, ruling that criminal conspiracy can be inferred from circumstantial evidence and the accused's conduct. The court affirmed that prior exoneration in a police report does not bar trial courts from summoning an accused under Section 319 CrPC if trial evidence reveals complicity. Facts Of The Case: An Assistant Superintendent of Jail accompanied two Head Constables escorting an undertrial prisoner from Ludhiana to a court in Talwandi Sabo. After the hearing, the official persuaded the constables to return in a private Tata Qualis instead of the bus. Unknown to the officers, two unidentified individuals were already seated in the rear. During the journey, the official had the vehicle stopped on a pretext. At that moment, the two...

Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction

The Supreme Court acquitted the appellants, setting aside their conviction under Sections 302 and 307 read with Section 34 of the IPC, due to serious doubts about the prosecution's case. The investigation was deemed unfair because the investigating officer suppressed affidavits from three eyewitnesses (PW-5, PW-6, PW-7) that favored the accused, and failed to conduct further investigation based on these affidavits. The Court found it unsafe to convict solely on PW-4's testimony given the suppressed material. Facts Of The Case: Sakhawat and Mehndi, appellant nos. 1 and 2 respectively, appealed a judgment from the High Court of Allahabad dated October 9, 2018, which upheld their conviction for offenses under Section 302 and Section 307 read with Section 34 of the Indian Penal Code, 1860 (I...