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Supreme Court of India 2025-11-26 dismissed

Sk. Md. Anisur Rahaman vs State of West Bengal & Anr

Bench: 2 — Dipankar Datta, Augustine George Masih

In Brief

The Supreme Court dismissed applications by an accused (charged with murder under IPC Sections 302 and 120-B) seeking modification of a stringent bail condition restricting him to Kolkata city, and by the victim's brother seeking bail cancellation. The Court held that a subsequent Bench should not lightly modify bail conditions imposed by an earlier Bench absent gross error or material change. Invoking the doctrine of finality under Article 141, the Court rejected repeated "bench-hopping" for more favourable bail terms. While acknowledging disturbing facts—hostile witnesses and prior state interference—the Court found no conclusive evidence of accused-led tampering. The Court also expunged scathing remarks made by the trial court against the Special Public Prosecutor, emphasizing that trial courts must maintain decorum and not discourage prosecutors from presenting their full case.

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Criminal Procedure Bail Fundamental Rights Judicial Finality Judicial Conduct Criminal Trial Murder Witness Protection

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