VidhiSangh

Supreme Court of India · 18/04/2023

ANSAR AHMAD versus STATE OF UTTAR PRADESH AND ANR.

[2023] 4 S.C.R. 577 · 2023 INSC 725

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Summary

The father of a man shot dead in daylight outside a bank in an alleged contract killing challenged High Court orders granting regular bail to two accused, both previously convicted under Section 302 IPC. The Supreme Court set the orders aside: an order granting bail must reflect judicial application of mind to the recognised parameters, and the High Court had ignored the daylight murder seen by three eyewitnesses, the arrest of two accused at the spot, the motive, the respondents' criminal record and their alleged involvement while on bail in an earlier murder case, while an injured eyewitness was yet to depose. A challenge to the legality of a bail order is distinct from cancellation for supervening circumstances.

Issues

  1. What parameters a court must consider while granting bail, and whether the High Court's order reflected judicial application of mind to them.
  2. Whether an appellate court setting aside an order granting bail as illegal or perverse must find supervening circumstances or misuse of liberty, as required for cancellation of bail.

Provisions considered

Held

Result

Appeals allowed; High Court orders dated 23.09.2021 granting regular bail to the two respondents set aside and the respondents directed to surrender forthwith, with liberty to apply for bail after examination of the eyewitnesses and other material witnesses, to be considered on merits; trial court directed to endeavour to conclude the trial within one year; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 577.