VidhiSangh

Supreme Court of India · 29/07/2025

AJWAR versus WASEEM AND ANOTHER R1: WASEEM R2: STATE OF UTTAR PRADESH

[2025] 7 S.C.R. 2062 · 2025 INSC 968

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Summary

After the Supreme Court had twice set aside bail granted to the accused in a murder case, leaving him liberty to apply afresh only on new circumstances, the High Court granted bail a third time citing period of custody, jail overcrowding and a 'one-sided investigation'. The Supreme Court set the order aside: the High Court was bound to give due deference to the earlier judgment, to examine whether genuinely new circumstances had emerged, and to record cogent reasons; overcrowding of jails and comments on the investigation were no ground for bail in a heinous offence. The accused was directed to surrender and remain in custody till the end of the trial.

Issues

  1. Whether, after the Supreme Court had cancelled bail twice while permitting a fresh application only if new circumstances emerged, the High Court could grant bail without examining the earlier judgment and identifying what new circumstances had arisen.
  2. Whether jail overcrowding, period of custody, and observations about a 'one-sided investigation' are legitimate grounds for bail in a case involving heinous offences.
  3. What degree of reasoning a bail order must contain where the Supreme Court has earlier examined all relevant aspects in detail.

Provisions considered

Held

Result

Appeal allowed. The High Court's order dated 03.06.2025 quashed and bail granted to respondent no. 1 set aside; he is to surrender before the Trial Court within three weeks and remain in custody till the conclusion of the trial, with liberty to approach the Supreme Court directly if the trial is not concluded expeditiously for reasons not attributable to him. The Trial Court to proceed on priority and conclude the trial expeditiously.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 2062.