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Supreme Court of India 2021-07-20 allowed

Kumer Singh vs State of Rajasthan & Anr

Bench: 2 — M.R. Shah

In Brief

Kumer Singh appealed the High Court's bail orders releasing three accused (Kamlesh, Arif, Bhojraj Singh) in a case involving the brutal murder of his brother, a BSF member, with 26 injuries found on the deceased. The accused were charged with murder and unlawful assembly under IPC sections 302, 149, 147, 148, and others. The Supreme Court set aside the bail orders, holding that the High Court had failed to apply its mind to the gravity of the offence and had recorded only a bare one-line order without adequate reasons. The Court reaffirmed that bail requires judicious exercise of discretion with cogent reasoning, particularly in serious crimes, and that perverse, non-speaking orders can be set aside even after significant passage of time.

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Bail Criminal Procedure Judicial Discretion Murder Unlawful Assembly Reasoned Judgment Appellate Review

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