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2002 (3) TMI 945 - SC - Indian Laws

Issues involved: Grant of bail, considerations for bail, cancellation of bail, interference with administration of justice, heinous crime of murder.

Summary:
The Supreme Court emphasized the importance of protecting individual liberties while also considering the societal impact of heinous crimes. The judgment highlighted the need for judicious exercise of discretion in granting bail, taking into account factors such as the nature of the offense, evidence, and potential threats to witnesses or the complainant. The Court referenced previous cases to support its stance on bail decisions. The judgment discussed a specific case involving the murder of a candidate during an election, leading to arrests and bail applications. Despite initial rejections, bail was granted by the High Court, prompting an appeal to the Supreme Court.

The Court noted that the cancellation of bail requires overwhelming circumstances, particularly if there is interference with the administration of justice or abuse of the privilege granted to the accused. In this case, the serious nature of the crime and the impact on public tranquility led the High Court to refuse bail initially. However, upon subsequent review, the Supreme Court found that the High Court had erred in granting bail without sufficient justification, especially considering the new charges and threats to witnesses. Consequently, the bail order was canceled, and the private respondents were to be re-arrested immediately.

 

 

 

 

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