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Supreme Court of India 2022-04-22 allowed

IMRAN vs Mr. MOHAMMED BHAVA & ANR

Bench: 3 — N.V. Ramana, Krishna Murari, Hima Kohli

In Brief

The Supreme Court allowed appeals challenging bail granted to two accused (Bhava and Musthafa) in a premeditated murder case. The accused were part of a conspiracy to eliminate a target, during which they and others attacked three persons with deadly weapons, resulting in death. The High Court had released them on bail, finding insufficient prima facie material. The Court held that the High Court erred by ignoring eye-witness statements, physical evidence, and the gravity of a heinous crime. Bail cannot be granted mechanically; courts must consider nature of accusation, evidence strength, and risk to witnesses. The Court set aside the bail orders, directing the accused to surrender within two weeks.",

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Criminal Procedure Bail and Custody Criminal Appeal Murder Conspiracy

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