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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

A murder case of an environmental activist with 105 witnesses turning hostile due to alleged intimidation by a politically connected accused was challenged before the Supreme Court. The High Court had ordered a complete de novo trial. The Court upheld the need for retrial but modified it to re-examine only 26 crucial witnesses instead of all 195. It cancelled bail for the main accused during re-examination of eight eye-witnesses, permitting his release thereafter with a condition barring him from Gujarat during the remaining trial. The judgment emphasizes that fair trial requires protecting witnesses from intimidation and balancing accused's rights with victim justice and societal interests.

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Criminal Procedure Bail and Custody Witness Management Fair Trial Hostile Witnesses Victim Justice Judicial Discretion Constitutional Law Murder Evidence

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