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Supreme Court of India 2020-01-24 dismissed

PRABHAKAR TEWARI vs THE STATE OF UTTAR PRADESH

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

The Supreme Court dismissed two criminal appeals challenging the High Court's orders granting bail to two accused persons (Vikram Singh and Malkhan Singh) in a murder case. The appellant, son of the deceased victim, challenged the bail orders. The Court held that appellate interference with bail orders is justified only when there is non-application of mind by the granting court or when the opinion is not supported by prima facie evidence. The gravity of the offence and other pending cases, standing alone, cannot deny bail. Finding no ex-facie error in the High Court's exercise of discretion, the Court sustained both bail orders and dismissed both appeals."

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Criminal Procedure Bail and Custody Evidence Witness Statements

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