CENTRAL BUREAU OF INVESTIGATION v. SEKH JAMIR HOSSAIN
Discusses principles of bail, fair trial, and factors influencing the cancellation of bail.
Court: Supreme Court of India
Citation: 2025 INSC 788
Decision Date: 29-05-2025
List of Laws
Indian Penal Code, 1860; Criminal Procedure
- Indian Penal Code, 1860: The judgment discusses Sections 143, 144, 147, 148, 149, 427, 326, and 376 read with 511 and 34 IPC, in connection with the FIR registered at CBI/SCB/Kolkata Police Station. It also mentions Sections 34, 148, 149, 326, 354, 511 read with 376D and 450 of IPC in relation to the charge-sheet filed by the CBI. The discussion revolves around the offences punishable under these sections and their applicability to the alleged incident of violence and sexual assault. The court considered the gravity of these allegations while deciding on the cancellation of bail.
- Criminal Procedure: The judgment discusses the principles governing the grant and cancellation of bail. It states, "Law is well-settled by a catena of decisions of this Court that the considerations for grant of bail and cancellation thereof are entirely different. Bail once granted to the accused should normally not be interfered with/cancelled unless there exist circumstances giving rise to an inference that the bail has been procured by practicing fraud or misrepresentation". The court also notes the importance of a fair trial and the potential for the accused to influence the proceedings or tamper with evidence. The court directed the trial court to expedite the proceedings and conclude the trial within six months.
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