S. 321 CrPC | State cannot withdraw prosecution driven by political influence; judicial oversight essential : Supreme Court


In a significant ruling, the Supreme Court declined to cancel the bail of accused Sk. Md. Anisur Rahaman, who is facing trial for alleged conspiracy in the 2019 murder of a political rival in Purba Medinipur, West Bengal, and also rejected his plea to relax the rigorous condition confining him to Kolkata during trial. The Court noted that although several prosecution witnesses had turned hostile and concerns persisted about political influence and attempts to derail a fair prosecution, there was no conclusive proof of bail violations to justify re-incarceration. The Bench expressed strong displeasure over the State’s prior attempt to withdraw the prosecution under Section 321 CrPC—earlier set aside by the High Court—and acknowledged the victim’s family’s fears but found the trial was now near completion with only a few witnesses left. While reiterating the importance of safeguarding Article 21 rights of undertrial prisoners, the Court stressed that judicial finality must be respected and bail terms cannot be lightly revisited without a substantial change in circumstances. It also expunged harsh observations made by the trial court against the Special Public Prosecutor, cautioning that the urgency to finish the trial must not override the need for a full and fair adjudication. The Sessions Court has been directed to complete remaining evidence promptly, ensuring witness protection and adherence to due process, while the accused remains under restricted movement until final judgment


SK. Md. Anisur Rahaman v. State of West Bengal & Anr. — Decided on 26 November 2025:


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