In Brief
The father of a murdered youth challenged the High Court's decision to grant bail to two accused in a contract killing case. The victim (Ashfaque Ahmad) was killed by grenade attack and indiscriminate firing in broad daylight. The accused had extensive criminal records and had already been convicted under Section 302 IPC. The Supreme Court set aside the bail orders, holding that the High Court failed to consider relevant statutory parameters: gravity of the offence, criminal antecedents, motive, evidence of misuse of prior bail, and the pendency of crucial witness examinations. The Court distinguished between cancelling bail (for supervening circumstances) and challenging a bail order (for illegality in exercise of discretion). It directed that bail may be reapplied for after all eye-witnesses are examined.
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