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Supreme Court of India 2021-09-07 allowed

Shakuntala Shukla vs State of Uttar Pradesh and Another

Bench: 2 — Dr. Dhananjaya Y. Chandrachud, M.R. Shah

In Brief

A widow whose husband was murdered challenged the High Court's grant of bail to four convicted murderers pending their criminal appeals. The Supreme Court held that once an accused is convicted by a trial court, courts must be very slow to grant bail pending appeal, particularly for grave offences like murder. The Court also strongly criticized the High Court's judgment for lacking clarity: it failed to identify submissions, findings, reasoning, or even address the State's counter-arguments. The Court allowed the appeals, set aside the bail orders, and directed the accused to surrender and serve their life sentences. The judgment emphasizes essential principles of judgment writing: clarity on facts, issues, submissions, law, findings, and operative portions.

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Criminal Procedure Bail and Bond Murder Witness Intimidation Appellate Procedure Judgment Writing Judicial Standards

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