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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, Hrishikesh Roy

In Brief

A convicted murderer was granted bail during suspension of his sentence on appeal. While on bail, he was implicated in a fresh murder case. Both the victim's family and the State sought cancellation of his bail, but the High Court dismissed their pleas. The Supreme Court allowed the appeal, holding that bail must be cancelled where a post-conviction accused commits fresh serious offences and evades arrest. The Court found that law enforcement had shielded the accused due to his political connections (his spouse being an MLA), compromising the criminal justice process. The judgment reaffirmed that post-conviction bail is subject to stricter scrutiny than pre-conviction bail, and emphasised the critical importance of judicial independence and the rule of law.

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Criminal Procedure Post-Conviction Bail Suspension of Sentence Judicial Independence Rule of Law Murder IPC Section 302

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