"No Reasons Given" : Supreme Court Quashes Bail Granted By Allahabad HC To Two People Accused Of Firing Asaduddin Owaisi's Moving Car

A Bench of Justices MR Shah and MM Sundresh has asked the accused to surrender before the concerned court within one week. The Court directed that the matter be sent back to the High Court for fresh disposal, which is to be completed within 4 weeks.

"….It can be seen that there are no reasons given at all by the High Court while enlarging the respondents on bail. Neither any Prima facie opinion is given nor even the material collected during the course of the investigation, which is part of the chargesheet have not been considered by the High Court. In that view of the matter, the impugned judgement and order of the High Court granting bail to the accused is liable to be quashed and set aside on the aforesaid ground alone and matter is to be remitted to the High Court to consider the bail application afresh on merits and in accordance with law, and after considering the evidence collected during the course of the investigation, which are now part of the chargesheet."

During the hearing, both parties made brief submissions.

The counsel appearing for the accused submitted that there was no material against the duo and requested the court to refrain from setting aside the High Court order. He further relied on judgement passed in Satender Kumar Antil.

Advocate MR Shamshad appearing for Owaisi submitted that there were four eye witnesses to the incident. And CCTV recordings clearly showed one of accused coming out the car and shooting. Even the colour of the jacket which the accused was wearing on the said day was identified, the court was told.

The Bench, however, was keen on look at the reasoning given by the High Court while granting bail.

"Let us see the reasoning given by the High Court."

It also went through the contents of the chargesheet as the hearing progressed.

In September, the Court had issued limited notice in the case to consider whether the High Court should be asked to reconsider the matter.

The Hyderabad MP had taken an argument that the High Court passed the order without hearing him as the victim of the crime.

Case Title : Asaduddin Owaisi versus State of Uttar Pradesh| Diary No. 26167-2022