24 September 2025 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Trial >> Criminal Law   |   Murder Homicide >> Criminal Law  

The Supreme Court of India has revoked a Delhi High Court ruling and ordered the bail release of Afzal Tammi, who was standing trial in a murder case of 2020. The September 24, 2025, order was passed by a bench headed by Justice Sanjay Kumar and Justice Alok Aradhe.

The appellant had objected to the denial of bail by the High Court citing his long-term incarceration and the absence of heavy evidence. The Court, in the course of proceedings, observed that while the allegations made against the appellant under Sections 302, 147, 149, and 34 of the Indian Penal Code are serious in nature, there was no justification for ongoing imprisonment at this stage of the trial.

 

 

   

A major consideration for the Court while making the decision was the evidence of the so-called sole eyewitness, Saheb Kumar, son of the victim, who went hostile during trial. Without expressing any view on merits of the case, the bench noted that prolonged custody in the absence ofclinching evidence called for rethinking on bail. The Court made it clear that its remarks were restricted to the sole issue of bail and must not prejudice proceedings pending before the trial court.

In view of the above, the Supreme Court directed the release on bail of Afzal Tammi in relation to FIR No. 244 of 2020, Police Station Kamla Market, Central Delhi. The appellant was instructed to adhere to conditions and limitations set by the trial court, provide full cooperation during the trial process, and not cause unnecessary delays.

Section 34., Indian Penal Code - 1860  

Section 147., Indian Penal Code - 1860  

Section 149., Indian Penal Code - 1860  

Section 302., Indian Penal Code - 1860  

Indian Penal Code, 1860