Headline
The Supreme Court of India restores bail, says liberty U/A 21 cannot be lightly interfered with.
Summary
The Supreme Court of India set aside an order of Himachal Pradesh High Court canceling bail in a case of attempt to murder, stressing that individual liberty under Article 21 of Indian Constitution should not be intervened lightly. The Supreme Court found no misconduct evidence by the accused post-bail, making the cancellation unjustified.
Key Facts
- Case Name: Kailash Kumar vs. State of Himachal Pradesh & Anr.
- Judges Name: Justices Dipankar Datta and Manmohan
- Charges: Section 307 of Indian Penal Code IPC (Attempt to Murder)
- Bail History: Accused get bail after 2 years in jail; High Court canceled it later.
SC’s Observations:
- No evidence was found of witness intimidation, evidence tampering, or delay of trial.
- The High Court wrongly conducted a mini-trial while deciding on cancellation of bail .
Legal Insights
- Quoted Ajwar v. Waseem & Anr., showing valid grounds for bail cancellation.
- Stated that bail cannot be revoked arbitrarily without strong reasons.
Impact
- Reinforces Article 21 of Indian Constitution safeguard of personal liberty.
- Sets precedent on when bail can be canceled.
Why It Matters
- Ensures judicial caution while doing bail cancellations.
- Affirms that liberty of an individual cannot be curtailed without proper justification.
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