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Supreme Court of India 2020-12-03 allowed

Sumedh Singh Saini vs State of Punjab and another

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

A former Punjab police chief was granted anticipatory bail for a 1991 murder allegation, 29 years after the alleged incident. Initially charged only with abduction and torture, murder charges were added after two co-accused turned approvers. The Supreme Court held that the 29-year delay, combined with the late addition of serious charges and the accused's retired decorated police status, warranted bail protection under Section 438 Cr.P.C., while keeping the pending challenge to the FIR's maintainability open for separate consideration.

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Criminal Procedure Bail and Anticipatory Bail Abuse of Process Political Vendetta Criminal Law

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