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Supreme Court of India 2018-01-23 allowed

Lachhman Dass vs Resham Chand Kaler : Mohinder Pal Clair : Sukhwinder Singh & Anr

Bench: 2 — N.V. Ramana

In Brief

Three criminal appeals challenged bail orders granted by the Punjab and Haryana High Court to accused persons in a land-dispute murder case. The Supreme Court held that the High Court failed to adequately consider the gravity of the offences (including murder, attempted murder, and criminal conspiracy), the prima facie case against the accused, and the risk of evidence tampering. The Court emphasized that an accused's nationality (the first accused being a British citizen) cannot justify special bail consideration. The Court also criticized the High Court for issuing mandatory directions to subordinate courts regarding bail grants, which violates judicial independence. All three appeals were allowed and bail orders were set aside, directing custody of the accused.

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Criminal Procedure Bail Criminal Conspiracy Evidence

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