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Supreme Court of India 2021-12-17 allowed

BRIJMANI DEVI vs PAPPU KUMAR & ANR

Bench: 3 — L. Nageswara Rao, B.R. Gavai, B.V. Nagarathna

In Brief

The mother of a murder victim appealed against two High Court bail orders for an accused charged with murder and prior attempt to murder. The accused had been named in eight cases, absconded for seven months after the fatal incident, allegedly threatened the informant, and remained in custody for nine months. The Supreme Court held that the High Court's bail orders were bereft of adequate reasoning and failed to consider vital factors: the heinous nature of the crimes, the accused's criminal antecedents, his history of absconding, and the reasonable apprehension of witness tampering. The Court set aside the bail orders, finding that discretion to grant bail in serious offences must be exercised judiciously and with reasoned consideration of all material circumstances, not casually or cryptically.

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Criminal Law Bail and Custody Murder and Attempt to Murder Judicial Discretion Natural Justice and Reasoned Orders Criminal Antecedents Arms Act Witness Tampering

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