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Supreme Court of India 2023-05-02 allowed

OMPRAKASH SAHNI vs JAI SHANKAR CHAUDHARY & ANR. ETC

Bench: 2 — M.R. Shah, J.B. Pardiwala

In Brief

Three men were convicted of murdering a village administrator (Block Pramukh) in Bihar in 2018 following an election dispute. The High Court suspended their life sentences and released them on bail pending appeal, citing concerns about delayed FIR registration and handwriting discrepancies. The brother of the deceased appealed to the Supreme Court. The Court held that the High Court improperly re-evaluated evidence when considering bail suspension. In serious offences like murder, suspension of sentence requires demonstrating the conviction is likely unsustainable—not merely finding procedural flaws. The Court set aside the High Court's order and remanded the convicts to prison, ruling that such detailed examination belongs at final appeal hearing, not bail consideration.

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Criminal Procedure Bail and Bond Suspension of Sentence Murder Evidence and Proof

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