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Supreme Court of India 2024-05-17 allowed

AJWAR vs WASEEM AND ANOTHER

Bench: 2 — Hima Kohli, Ahsanuddin Amanullah

In Brief

The Supreme Court cancelled bail granted to four accused persons charged with double murder. The accused had killed two sons of the complainant in a shooting incident during Ramadan prayers in 2020. The High Court granted bail without properly considering the gravity of the offence, eyewitness testimony identifying the accused, their criminal histories, or instances of witness intimidation after bail was granted. The accused had undergone less than three years' custody. The Court held that bail orders in serious cases must carefully weigh statutory factors; speculative reasoning and ignoring evidence constitutes perverse discretion subject to reversal. The Court directed the accused to surrender, reserving future bail applications if new circumstances emerge."

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Criminal Procedure Bail Murder Witness Intimidation Appellate Jurisdiction Constitutional Law

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