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The Supreme Court has cancelled the bail that had been granted by the high court to an influential businessman taking into account his past actions and attempts to evade the process of law. The bench comprised Justice L Nagaswera Rao and Justice Mohan M Shantanagoudar. The bench had held that the court must not delve much deep into a matter while considering a bail application. All that needs to be established is a prima facie case against the accused.
Mahimanada Mishra was accused of planning to murder the branch manager of his rival company. He had fled away to Thailand from where he was arrested and then deleted to India. These facts were produced before the high court despite which bail was granted to the accused. An undated letter of the deceased to the police showing an apprehensive attitude on his part does not suffice as evidence. Moreover, there is no material on record to show that the respondent had committed the murder. It does not show any motive for conspiracy. The Apex Court said that the High court had no business to go into the details of the evidence on record. The supreme court also observed that the accused is an influential person and that he might tamper or otherwise influence the investigation. The high court had completely overlooked his misdeeds before granting him a bail.
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