Скачать или смотреть Supreme Court Sets Aside High Court’s Bail Cancellation, Emphasizes Liberty

Supreme Court Sets Aside High Court’s Bail Cancellation, Emphasizes Liberty

The Supreme Court has ruled that an individual’s liberty is a fundamental right and should not be interfered with lightly. The Court set aside a High Court order canceling bail of an accused charged under Section 307 IPC (Attempt to Murder), stating that there was no valid reason for such cancellation.

Key observations:
🔹 No evidence showed the accused misused bail, influenced witnesses, or tampered with evidence.
🔹 The High Court erred by conducting a "mini-trial" while deciding bail cancellation.
🔹 The accused had already spent two years in jail, and 17 out of 43 prosecution witnesses had been examined.

Restoring the bail order, the Supreme Court clarified that this decision does not impact the case's merits but directed the accused to appear before the trial court as required.

Case Name: Kailash Kumar v. State of Himachal Pradesh & Anr.
Citation: 2025 LiveLaw (SC) 242

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