Supreme Court Cancels Bail in Serious Murder Case

Supreme Court Cancels Bail in Serious Murder Case

The Supreme Court of India cancelled the bail granted to two accused in a serious murder case, holding that bail cannot be granted mechanically where the prosecution material discloses a grave offence. The case arose from an incident in which the deceased was allegedly assaulted, restrained and set on fire using petrol. The Court found that the accused had allegedly arrived together, carried petrol in advance and acted in circumstances suggesting preparation and common intention. The Supreme Court stressed that a bail order must demonstrate proper application of judicial mind to the gravity of the offence, prima facie evidence, individual roles, criminal antecedents and the possibility of influencing witnesses or obstructing the trial. The Court also clarified that parity cannot be applied mechanically: an accused cannot claim bail merely because a co-accused received bail, particularly when the earlier order ignored material evidence. The judgment reinforces bail jurisprudence, prima facie case, common intention, parity, judicial discretion and cancellation of bail.