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Supreme Court of India 2021-07-22 allowed

Somesh Chaurasia vs State of M.P. & Anr

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

A person convicted of murder under Section 302 IPC and released on bail pending appeal had his sentence suspended in 2016. Later, he was implicated in a fresh murder charge (FIR 143 of 2019). The High Court declined to cancel his bail, instead ordering a 90-day investigation into his claim of being falsely implicated. The Supreme Court found that the accused had used his political influence (his spouse is an MLA) to evade arrest despite a warrant, and that law enforcement was complicit in shielding him. The Court held that the High Court erred by conditions that obstructed investigation and allowed the accused to evade justice. The bail was cancelled, the earlier High Court order set aside, and the Court emphasized that no person, however politically powerful, should be shielded from criminal law.

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Criminal Procedure Bail Cancellation Post-Conviction Suspension of Sentence Judicial Independence Criminal Law

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