VidhiSangh

Supreme Court of India · 19/12/2024

SHAMBHU DEBNATH versus THE STATE OF BIHAR & ORS.

[2024] 12 S.C.R. 2083 · 2024 INSC 1032

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Summary

The Supreme Court set aside the High Court's grant of anticipatory bail to three accused in a murder case where the FIR specifically alleged that all the accused poured kerosene on the deceased and set him on fire, holding that the High Court had acted cryptically and mechanically without considering the record, including a chargesheet stating the case was found true against all accused.

Issues

  1. Whether the High Court was justified in granting anticipatory bail to the respondents-accused in a case under Section 302 IPC where the FIR made specific allegations against all of them of setting the deceased on fire with intent to kill.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 25.07.2023 granting anticipatory bail set aside. Respondents 2 to 4 directed to surrender before the trial court within four weeks, with liberty to apply for regular bail, to be decided on its own merits uninfluenced by the judgment's observations.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 2083.