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2026 Supreme(SC) 658

DIPANKAR DATTA, SATISH CHANDRA SHARMA
Sheikh Mehmoood – Appellant
Versus
Union Terriotry of Jammu And Kashmir – Respondent


Advocates appeared:
For the Petitioner(s): Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Jatin Bhardwaj, AOR Mr. Harsh Tikoo, Adv. Mr. Misbahul Haque, Adv. Mr. Ramkishan Saraswat, Adv. Mr. Rahul Rai, Adv. Mr. Siddharth Seem, Adv. Mr. Kamal Kishore, Adv. Mr. Sakal Bhushan, Sr. Adv. Ms. Nupur Kumar, AOR Mr. Vasu Bhushan, Adv. Mr. Nipun Bhushan, Adv. Mr. Sidharth Luthra, Sr. Adv. Mr. Sunil Sethi, Sr. Adv. Mr. Sumit Singh Somria, Adv. Mr. Parimoksh Seth, Adv. Ms. Shivangi Gumber, Adv. Ms. Anjali Sharma, Adv. Ms. Priyanshi Singh, Adv. Mr. P. D. Sharma, AOR
For the Respondent(s): Mr. Pashupathi Nath Razdan, AOR Mr. Parth Awasthi, Adv. Mr. Pradeep Baisoya, Adv. Mr. Karman Singh Johal, Adv. Mr. Mahesh Thakur, AOR Mr. Siddhartha Sati, Adv. Mr. Narveer Yadav, Adv. Ms. Ruchi Kumari, Adv. Dr. Anthony Raju, Adv. Mr. Dushyant Pratap Singh, Adv.

Judgement Key Points

Key Points: - Bail principle: "Bail is the rule and jail is the exception" but not absolute; should be balanced with case facts and statutory restrictions. (!) - Factors for bail: prima facie case, gravity of offence, nature of evidence, antecedents, differentiation of roles, parity, delay, age, medical grounds, etc. (!) - Specific bail outcome: two elderly/ill appellants (Sheikh Mehmood and Ravinder Kumar Gupta) to be released on bail with conditions; others’ bail prayers rejected at this stage. (!) (!) (!) - Trial progress directive: Sessions Court to expedite cross-examination and aim to complete prosecution witness recording by end of March 2027; thereafter remaining bail prayers may be renewed. (!) (!)

What is the legal standard for bail in cases involving murder and conspiracy as applied by the Supreme Court in this judgment?

What considerations justify granting bail to elderly or medically sick defendants in serious criminal cases?

What are the Court’s directions regarding trial progress and subsequent bail pleas for other appellants?


ORDER

DIPANKAR DATTA, J.

1. Leave granted.

2. In the present batch of appeals, the appellants (total six in number), impugn rejection of their bail applications by the High Court of Jammu & Kashmir and Ladakh at Jammu [High Court] vide the common impugned order dated 4th November, 2025.

3. For brevity, the details of the respective bail applications filed before the High Court by each appellant are reproduced in a tabular form, hereunder:

Name of appellant

Accused Number

Bail application before HC

Lead Appeal—SLP (Crl.)19036 of 2025

Sheikh Mehmoood

Accused No.2

292 of 2024

Connected appeal—SLP (Crl.)20104 of 2025

Ravinder Kumar Gupta

Accused No.4

4 of 2025

Connected Appeal—SLP (Crl.) 20884 of 2025

Parshotam Singh

Accused No.1

1 of 2025

Suraj Singh

Accused No.7

Accused No.7

Vikas Singh

Accused No.10

1 of 2025

Sandeep Charak

Accused No.11

1 of 2025

4. On 30th April 2024, the complainant, Jagir Singh, filed a complaint at Police Station Gangyal, Jammu, alleging that several individuals attempted to di

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