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Supreme Court of India 2022-01-25 allowed

Manno Lal Jaiswal vs The State of Uttar Pradesh & Anr

Bench: 2 — M. R. Shah, Sanjiv Khanna

In Brief

The Supreme Court set aside a High Court order granting bail to accused persons charged with murder under IPC Sections 147, 148, 149, 302, and 307. The deceased was killed in a group attack using deadly weapons. The High Court had incorrectly factored in that the accused were not named in the FIR and witness statements were delayed—both factually untrue. The Court held that the High Court failed to consider the gravity of offences and ignored mandatory bail considerations, particularly that under Section 149, individual role becomes insignificant when presence in an unlawful assembly is established. The bail order was mechanically passed without proper reasoning or factual foundation and was unsustainable.

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Criminal Procedure Bail and Custody Murder Unlawful Assembly High Court Powers and Jurisdiction

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