VidhiSangh

Supreme Court of India · 17/07/2023

CENTRAL BUREAU OF INVESTIGATION versus SHYAM BIHARI & OTHERS

[2023] 10 S.C.R. 464 · 2023 INSC 623

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court dismissed the CBI’s challenge to refusal of leave to appeal against acquittal in a fatal shooting case. The trial court’s view was plausible: reliable witnesses did not identify the accused, the fatal injury came from a weapon unconnected to their service rifles, and the circumstantial chain was incomplete. Remand merely for fuller High Court reasons was unwarranted after the prolonged proceedings.

Issues

  1. Whether refusal of leave to appeal against acquittal caused a miscarriage of justice on the evidence.
  2. Whether the High Court’s relatively cryptic order required remand despite the available record and long passage of time.

Provisions considered

Held

Result

Appeal dismissed; refusal of leave to appeal and the resulting acquittal remained undisturbed. No remand ordered.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 464.