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Supreme Court of India 2021-03-08 allowed

Girraj vs Kiranpal and Anr Etc

Bench: 2 — Dhananjaya Y Chandrachud, M R Shah

In Brief

Two sons of the appellant were killed in an alleged armed ambush on 29 November 2019, with five accused persons subsequently granted bail by the High Court. The Supreme Court cancelled the bail of these five accused because it had already cancelled bail granted to a co-accused on whose prior grant of bail they had relied. The Court held that bail cannot be granted solely on grounds of parity without independently examining the merits, the gravity of the offences alleged (murder and unlawful assembly), prior enmity between groups, and specific allegations against each accused. The appeal was allowed and bail cancelled, with liberty to apply afresh before the High Court.

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Criminal Procedure Bail Murder Unlawful Assembly Evidence

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