NDLI: Imran Vs. Mr. Mohammed Bhava & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bail: Cancellation of Bail –
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Bail: Cancellation of Bail – In the instant case, accused persons 1 to 10 were accused of having committed the offence u/ ss.114, 109, 120B, 143, 147, 148, 341, 307, 302 and 395 r/w s.149 IPC – Accused no. 6 applied for anticipatory bail and accused no 8 applied for regular bail before the court of session which were rejected but both the bail applications were allowed by the High Court – Subsequently on appeal the High Court cancelled the bails granted to Accused 2, 3, 4, 7, 9 and 10 which was upheld by Supreme Court and the regular bail of accused no 1 was also cancelled – Aggrieved by non-cancellation of bail granted to accused no 6 and 8 by High Court, the complainant filed instant appeal – Held: Application for cancellation of bail already granted by a lower court requires significant scrutiny at the instance of superior court, however, bail when granted can always be revoked if the relevant material on record, gravity of the offence or its societal impact have not been considered by the lower court – In such instances, where bail is granted in a mechanical manner, the order granting bail is liable to be set aside – As far as attribution of specific acts against the accused Respondents is concerned, it becomes amply clear from the statement of all the witnesses that Accused No. 6 and 8 indeed participated in assaulting the deceased – Furthermore, as the accused group continued its assault, Accused No. 6, instigated them by saying that this was not enough – Thereafter, as perused from the statement of the complainant/appellant, Accused No. 8 who came on a motorcycle had also brutally beaten the deceased with a wooden stick – In addition to these statements, there was enough evidence to indicate that a heinous offence was committed in furtherance of a common objective, and therefore the accused Respondents should not have been enlarged on bail – In view of the facts and for the reasons stated, impugned orders passed by the High Court releasing Accused No. 6 and 8 on bail, are set aside.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2022 INSC 467
Petitioner	Imran
Respondent	Mr. Mohammed Bhava & Anr
SCR	[2022] 2 S.C.R. 1093
Judgement Date	2022-04-22
Case Number	658

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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