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Supreme Court of India 2017-10-30 partly_allowed

Dinubhai Boghabhai Solanki vs State of Gujarat & Ors

Bench: 2 — A.K. Sikri

In Brief

Amit Jethwa, an environmental activist, was murdered in 2010 while opposing illegal mining near a forest sanctuary. The accused, a former MP, was allegedly threatening witnesses to prevent their testimony, causing 105 out of 195 witnesses to turn hostile. The High Court ordered a de novo retrial. The Supreme Court upheld retrial in principle but modified it: only 26 crucial witnesses (including 8 eye-witnesses) must be re-examined instead of all witnesses. The accused's bail was cancelled until the 8 eye-witnesses are examined; he must then remain outside Gujarat during the remaining trial. General judicial observations were approved, but strictures against the trial judge were set aside.

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Criminal Procedure Bail and Custody Witness Protection Fair Trial Retrial and De Novo Trial Judicial Powers (Article 226) Evidence (Hostile Witnesses) Criminal Justice System

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