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Supreme Court of India 2022-01-10 allowed

Jayaben vs Tejas Kanubhai Zala & Anr

Bench: 2 — M. R. Shah, B. V. Nagarathna

In Brief

A man was brutally murdered while collecting scrap with his wife. Five accused were charged with murder and other offences. Two accused obtained bail from the High Court despite strong eyewitness testimony, CCTV footage, and a medical report confirming death from multiple injuries. The widow appealed, challenging the bail orders. The Supreme Court held that the High Court erred in releasing the accused on bail without adequately considering the gravity of offences and weight of evidence. The Court stressed that even after 2.5 years on bail, an unsustainable bail order must be set aside. The State's failure to challenge the bail orders was criticised, and the Court emphasised the Director of Prosecution's duty to promptly protect community interests.

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Criminal Procedure Bail and Custody Murder Atrocities against Scheduled Castes and Scheduled Tribes Evidence Witness Testimony Prosecution Rule of Law

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