Custodial Death | Pendency Of Criminal Trial No Bar For Awarding Compensation Under Public Law Remedy: Gauhati High Court Suit For Possession Under Section 6 Specific Relief Act Barred If Filed Beyond Six Months Of Dispossession: Madras High Court Subsequent Purchaser Is Representative Of Judgment Debtor, Separate Suit Challenging Execution Sale Barred Under Section 47 CPC: Kerala High Court Statutory Bail Restrictions Melt Down When Pre-Trial Detention Is Prolonged & Trial Is Unlikely To Conclude Soon: Delhi High Court Failure To Apprise Accused Of Right Under Section 50 NDPS Act Vitiates Search & Recovery: J&K & Ladakh High Court Section 12(5) Arbitration Act Inapplicable To Proceedings Commenced Before 2015 Amendment; Executing Court Can't Apply Neutrality Norms Retrospectively: Punjab & Haryana High Court Banks Can Share Sale Proceeds Of Secured Assets Outside Liquidation Estate With Homebuyers Under Compromise Agreement: Kerala High Court Private Rights Must Yield To Public Interest: Andhra Pradesh High Court Directs Removal Of Encroachments On Public Road Review Jurisdiction Cannot Be Invoked To Re-Agitate Factual Disputes Or Seek Re-Hearing On Merits: Allahabad High Court Recovery Under Section 27 Evidence Act Vitiated If Police Already Present At Spot Before Arrival Of Panch Witnesses: Bombay High Court Mere Non-Compliance Or Delay In Procedure Under Section 52A NDPS Act Is An Irregularity, Not An Illegality Entitling Accused To Bail: Calcutta High Court Recovery Of Weapon Used In Commission Of Offence Not A Sine Qua Non For Conviction If Ocular Evidence Is Corroborated: Allahabad High Court Seized Vehicles Shouldn't Be Kept Idle To Rot In Police Stations, Utility Vanishes Due To Stagnation: Karnataka High Court Or 39 CPC | Trial Court Erred In Dismissing Injunction Application Despite Respondent's 'No Objection' To Restraining Share Transfer: Gauhati High Court

Supreme Court Sets Aside High Court's Bail Order in Murder Case, Citing Inadequate Consideration of Evidence

07 May 2024 8:19 AM

By: Admin


In a significant development, the Supreme Court of India has set aside the bail order granted by the High Court of  Rajasthan in a murder case, highlighting the inadequate consideration of evidence. The judgment was delivered by a bench comprising of Justice M.R. Shah and Justice Ahsanuddin Amanullah.

The case, Criminal Appeal Nos. 1343-44 of 2023, involved the appellant, Rahul Gupta, who was aggrieved by the High Court's decision to grant bail to the original accused. The accused had been charged with serious offenses under Sections 302 (murder), 307 (attempt to murder), 201 (causing disappearance of evidence), and 120-B (criminal conspiracy) of the Indian Penal Code.

The Supreme Court observed that the High Court had granted bail without adequately considering the material collected during the investigation or the gravity of the alleged offenses. The High Court's order had cited the possibility of a prolonged trial as the basis for granting bail. However, the apex court noted that in a case involving an offense as serious as murder, the material collected during the investigation should have been carefully examined.

Justice M.R. Shah, delivering the judgment, stated that when accused individuals are chargesheeted after an investigation, the court must take into account the evidence and material collected during the investigation before deciding on bail. The Supreme Court found the High Court's order to be unsustainable and directed the accused to surrender before the concerned court or jail authority within ten days.

The Supreme Court further instructed the High Court to reexamine the bail applications, considering the evidence and material collected during the investigation. The court emphasized the need for prompt disposal of the applications after the accused surrender.

New Delhi, May 4, 2023

Rahul Gupta vs State of Rajasthan & Anr. Etc.

Latest Legal News