VidhiSangh

Supreme Court of India · 24/08/2021

HARJIT SINGH versus INDERPREET SINGH @ INDER AND ANOTHER

[2021] 8 S.C.R. 258 · 2021 INSC 418

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Summary

The Court set aside bail granted to an accused alleged to have arranged a murder through mobile communications from jail. The High Court overlooked the conspiracy material, repeated prior offending, earlier bail cancellation and danger to the complainant’s family. Absence from the scene and about five months’ custody did not adequately address those factors. An appeal challenging an unjustified bail grant did not require proof of subsequent misuse. Bail was cancelled and immediate surrender directed, with observations expressly confined to bail and trial merits left open.

Issues

  1. Whether the High Court properly considered the conspiracy allegations, supporting material, antecedents and threat to witnesses when granting bail.
  2. Whether setting aside the original bail grant required subsequent misuse of liberty.

Provisions considered

Held

Result

Appeal allowed; bail cancelled and immediate surrender directed, failing which arrest warrants were to issue; trial merits left open.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 258.