VidhiSangh

Supreme Court of India · 17/05/2024

AJWAR versus WASEEM AND ANOTHER

[2024] 5 S.C.R. 575 · 2024 INSC 438

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Summary

Four bail orders in a double-murder prosecution were set aside because the High Court overlooked material eyewitness accounts, criminal antecedents, alleged witness intimidation and trial-delay conduct. An appellate court may interfere with an illegal or perverse grant even without subsequent misuse of bail. Surrender was directed within two weeks; the observations were confined to bail and fresh applications remained possible upon new circumstances.

Issues

  1. Whether the High Court properly exercised its Section 439 discretion.
  2. Whether interference required only supervening misconduct after release.
  3. Whether parity and the cross-version justified bail despite the other material.

Provisions considered

Held

Result

Four bail orders set aside; respondents to surrender within two weeks. Trial merits left open, with liberty to seek bail upon emergence of new circumstances.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 575.