VidhiSangh

Supreme Court of India · 17/12/2021

BRIJMANI DEVI versus PAPPU KUMAR & ANR.

[2021] 9 S.C.R. 533 · 2021 INSC 919

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Summary

The Court set aside two bail orders concerning alleged attempted murder and the later murder of the same victim. The High Court’s cryptic reasons failed to address the gravity of the allegations, the accused’s antecedents, prior abscondence and the risk of threats to the informant and witnesses. Bail does not require a detailed trial of evidence, but does require a reasoned exercise of discretion on the relevant circumstances. The challenge concerned the justification for granting bail, distinct from cancellation based only on subsequent misconduct. Bail bonds were cancelled and surrender directed within two weeks.

Issues

  1. Whether the High Court had considered and explained the relevant grounds for bail in the two connected cases.
  2. Whether the initial bail grants could be set aside without relying on later supervening misconduct.

Held

Result

Both appeals allowed; both bail orders set aside and bonds cancelled; accused directed to surrender within two weeks.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 533.