VidhiSangh

Supreme Court of India · 29/05/2025

CENTRAL BUREAU OF INVESTIGATION versus SEKH JAMIR HOSSAIN AND ORS.

[2025] 5 S.C.R. 1014 · 2025 INSC 788

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Summary

The CBI challenged High Court orders granting bail to accused charged with a concerted post-election attack on a complainant's house in West Bengal in which his wife was disrobed and nearly sexually assaulted. The Supreme Court cancelled the bail: the allegations were grave enough to shake the conscience of the Court, the local police had refused to register the FIR, which was registered by the CBI only on the High Court's direction, and the accused's non-cooperation had stalled the trial, so no fair trial was possible while they remained at liberty.

Issues

  1. On what considerations bail already granted by the High Court may be cancelled.
  2. Whether the gravity of the allegations of politically motivated post-poll violence and the likelihood of the accused obstructing a fair trial warranted cancellation of their bail.

Held

Result

Appeals allowed; the High Court orders dated 24 January 2023 and 13 April 2023 reversed and the bail cancelled; accused to surrender within two weeks; trial to be concluded within six months; witness protection directed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 1014.