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Supreme Court Dismisses Bail Cancellation Application and Modifies Bail Condition in Murder Case — No Supervening Circumstances for Cancellation; Condition Modified to Allow Employment in Bengaluru.

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2026-07-14 16:32:55
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Case Details

2025 LawText (SC) (11) 428

Miscellaneous Application Diary No.44979/2025 with I.A. Nos.197604/2025 & 227763/2025 in Criminal Appeal No.43/2025 WITH MISCELLANEOUS APPLICATION DIARY NO.55130/2025 WITH INTERLOCUTORY APPLICATION NO.244053/2025 IN CRIMINAL APPEAL NO.43/2025

2025-11-26

DIPANKAR DATTA J. , AUGUSTINE GEORGE MASIH J.

2025 INSC 1360, 2025 AIR OnLine SC 1124, 2025 SCC OnLine SC 2560

Sk. Md. Anisur Rahaman

The State of West Bengal & Anr.

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Nature of Litigation

Criminal appeal with miscellaneous applications for cancellation of bail and modification of bail condition.

Remedy Sought

Afjal Ali Sha sought cancellation of bail granted to Sk. Md. Anisur Rahaman; Anisur sought modification of the condition requiring him to remain confined to Kolkata.

Filing Reason

Allegation of tampering with evidence and influencing witnesses for cancellation; need to work in Bengaluru for employment for modification.

Previous Decisions

Bail was granted to Anisur by this Court on 3rd January 2025 subject to conditions including confinement to Kolkata.

Issues

Whether the bail granted to the appellant should be cancelled on grounds of alleged tampering of evidence and influencing witnesses. Whether the condition requiring the appellant to remain confined to Kolkata should be modified to allow him to work in Bengaluru.

Submissions/Arguments

Afjal Ali Sha argued that the appellant was tampering with evidence and influencing witnesses, warranting cancellation of bail. Sk. Md. Anisur Rahaman argued that the condition restricting him to Kolkata prevented him from working in Bengaluru to support his family, and sought modification.

Ratio Decidendi

Cancellation of bail requires supervening circumstances such as abuse of liberty or tampering with evidence, and not a reappreciation of evidence already considered. Modification of bail conditions is permissible to facilitate employment and family support, and conditions should not be so onerous as to deprive the appellant of his livelihood.

Judgment Excerpts

Cancellation of bail is not to be lightly ordered and requires supervening circumstances. The condition requiring the appellant to remain confined to Kolkata is modified to allow him to travel to Bengaluru for employment.

Procedural History

The appellant was arrested on 16th November 2019. Bail was granted by this Court on 3rd January 2025. The victim's brother filed an application for cancellation of bail on 24th April 2025. The appellant filed an application for modification of bail condition on 19th March 2025, with a delay of 30 days, which was condoned.

Acts & Sections

  • Indian Penal Code, 1860: Section 302, Section 120B
  • Arms Act, 1959: Section 25, Section 27, Section 39
  • Code of Criminal Procedure, 1973: Section 439, Section 173(2), Section 321, Section 406, Section 164
  • Constitution of India: Article 21, Article 141
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