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Supreme Court of India 2022-01-10 allowed

Jayaben vs Tejas Kanubhai Zala & Anr

Bench: 2 — M.R. Shah

In Brief

The appellant-widow challenged the High Court's orders releasing two accused persons on bail in a case where her husband was brutally murdered while collecting scrap. The accused faced charges for murder and offences under the SC/ST Atrocities Act. Though the accused had been on bail for over two years without alleged breach, the Supreme Court held that an erroneous bail order must be quashed once found unsustainable on facts and law. The Court set aside the bail, directing the accused to surrender. It also criticized the State for failing to appeal the original bail order, emphasizing that in criminal matters the State is the custodian of public interest and must promptly challenge unjust bail decisions.

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Criminal Procedure Bail Murder Atrocities Act Victim Rights State Obligation

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