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Supreme Court of India 2019-12-05 allowed

MAHIPAL vs RAJESH KUMAR @ POLIA

Bench: 2 — D.Y. Chandrachud, Hrishikesh Roy

In Brief

A young man was killed in a violent assault involving multiple accused persons wielding rods and sticks that caused 27 injuries to his body, including 7 to the head. An eyewitness was present, and the deceased's phone and motorcycle were recovered from different accused. The High Court granted bail to the accused without reasoned analysis. The Supreme Court held that while bail orders are ordinarily not interfered with, where they show non-application of mind or ignore material evidence of prima facie involvement in serious crimes, they must be set aside. Courts must provide reasoned decisions explaining their bail determinations, particularly in grave offences. The appeal was allowed and bail cancelled.

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Criminal Procedure Bail Judicial Discretion Appellate Review Reasoned Orders Murder Criminal Intimidation

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