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Supreme Court of India 2022-04-22 allowed

Imran vs Mohammed Bhava & Anr

Bench: 3 — Krishna Murari

In Brief

Imran (appellant/son of deceased) challenged the High Court's grant of bail to two accused persons (Mohammed Bhava and Mohammed Musthafa) charged with murder and conspiracy. The accused were part of a group that attacked the appellant's relatives, resulting in the death of Abdul Lathif. The Supreme Court held that the High Court erred by granting bail without considering the grave nature of the charges, prima facie evidence of participation, and witness statements establishing involvement in the premeditated murder. The Court ruled that bail, though discretionary, must be exercised judiciously with regard to established principles, and can be revoked when lower courts ignore relevant material or gravity of offences. The appeals were allowed and bail orders set aside; respondents were directed to surrender within two weeks.

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Criminal Procedure Bail Murder Conspiracy Witness Examination Discretion of Court

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