Supreme Court on Bail Modification & Cancellation: Political Influence, Hostile Witnesses & Fair Trial Concerns.

Headnote:

The Supreme Court heard applications seeking modification of bail conditions and cancellation of bail in a politically sensitive murder case. The accused, Sk. Md. Anisur Rahaman, granted bail on 3 January 2025, sought relaxation of restrictions confining him to Kolkata, while the complainant’s side sought cancellation of bail alleging witness intimidation, political patronage, and unfair trial conditions. Multiple prosecution witnesses had turned hostile after the grant of bail. The Court examined whether Anisur’s liberty could be expanded without jeopardizing the fairness of trial and whether his release had undermined witness protection and trial integrity. The order addresses complex interplay between Article 21 rights, bail jurisprudence, witness safety, and political interference in criminal trials.

Background:

• The case concerns the murder of Kurban Sha on 7 October 2019, allegedly carried out due to political rivalry. Anisur is accused of conspiring to eliminate the deceased and was arrested on 16 November 2019.

• Charges under Sections 302/120B IPC and 25/27 Arms Act were framed after filing of charge-sheet, and trial commenced before the 3rd Additional Sessions Judge, Tamluk, Purba Medinipur.

• In February 2021, the West Bengal Government issued an order under Section 321 CrPC to withdraw prosecution. The trial court mechanically acquitted the accused on 2 March 2021. The Calcutta High Court set aside both the withdrawal order and the acquittal.

• After threats, the original petitioner (PW-1) sought to withdraw proceedings; the High Court refused, and the victim’s brother, Afjal Ali Sha, was substituted as the petitioner.

• Afjal sought transfer of trial; the Supreme Court transferred the case to the Chief Judge, City Sessions Court, Calcutta, on 17 March 2023, directed strict monitoring, and barred bail except through the High Court.

• Bail petitions filed before the trial court, High Court, and Supreme Court were rejected until 3 January 2025, when a coordinate Bench granted bail with conditions including confinement to Kolkata and daily police reporting.

• The Supreme Court rejected Anisur’s attempt to modify bail conditions on 5 May 2025. He renewed his request in the current applications.

Court’s Observations:

• The complainant alleged that Anisur enjoys strong political patronage, supported by photographs showing him with influential political leaders and reports that police security was provided to him without justification.

• Multiple witnesses have turned hostile after Anisur’s release, raising serious concerns about witness intimidation and the possibility that the trial may be compromised if bail conditions are relaxed.

• The Supreme Court noted that out of 114 witnesses, 75 were examined, and several key witnesses became hostile only after the accused was enlarged on bail.

• The Court emphasized the necessity to balance the accused’s right to liberty under Article 21 with the right of the victim’s family to a fair, uninfluenced trial.

• While examining the application for modification of conditions, the Court highlighted that the liberty granted earlier was conditional and any conduct affecting trial fairness could justify cancellation.

• The allegations of political interference, special treatment by the police, and compromised witness safety required careful judicial scrutiny before modifying or retaining bail restrictions.

• Arguments of both sides—whether liberty should be expanded or bail should be entirely cancelled—were taken up for detailed hearing.

Legal Provisions Discussed:

• Section 302, Indian Penal Code, 1860 – Punishment for murder.

• Section 120B, IPC – Criminal conspiracy.

• Sections 25 & 27, Arms Act, 1959 – Possession and use of prohibited arms.

• Section 321, Code of Criminal Procedure, 1973 – Withdrawal of prosecution.

• Section 406, CrPC – Power of the Supreme Court to transfer criminal cases.

• Article 21, Constitution of India – Right to life and personal liberty.

• Bail principles governing modification, cancellation, and conditions affecting trial fairness.

Citation: 2025 INSC 1360

Case: Sk. Md. Anisur Rahaman v. State of West Bengal & Anr. (with connected matters)

Court: Supreme Court of India

Misc. Application (Crl.) No.: Diary No. 44979/2025 with IA Nos. 197604/2025, 227763/2025

Connected Matter: Misc. Application Diary No. 55130/2025 in Criminal Appeal No. 43 of 2025