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ISLAM v. STATE NCT OF DELHI

Supreme Court of India | Diary 38103/2024

Status

Order

Decided On

2024-11-22

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

ISLAM

Respondent

STATE NCT OF DELHI

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).4723-4725 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).11676-11678/2024)

ISLAM ETC. APPELLANT(S)

VERSUS

STATE NCT OF DELHI & ANR. RESPONDENT(S)

O R D E R

Heard the learned counsel appearing for the parties.

Leave granted.

The bail granted to the appellants by the Sessions Court under

various orders has been cancelled by the impugned order dated

7th August, 2024. It is not the case of the State or the private

respondent that after the appellants were enlarged on bail, they

have either tampered with the prosecution evidence or have

threatened the prosecution witnesses. Admittedly, there is no

complaint filed against the appellants from the date on which the

bail was granted that they have tried to pressurize the prosecution

witnesses or have tampered with the prosecution evidence. The

impugned order was stayed by this Court on 30th August, 2024. It is

not the case made out by the respondents that even thereafter, the

appellants have misused the facility of bail.

The contention of the learned counsel appearing for the second

respondent is that the second appellant (Tajuddin) has registered a

First Information Report against the brother of the victim. That

is no ground to cancel the bail.

Therefore, the impugned order dated 7th August, 202...

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