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SK. Md. Anisur Rahaman vs. The State of West Bengal & Anr.

Not available · 2025 INSC 1360Decided 26 Nov 2025
Not available
Justice Dipankar Datta · Justice Augustine George Masih

Background

SK. Md. Anisur Rahaman ("Anisur") was facing trial along with co-accused for the 2019 murder of a political rival in Panskura, West Bengal, allegedly out of a political conspiracy. He was granted bail by the Supreme Court in January 2025, subject to a condition confining him to the city of Kolkata. Anisur sought modification of this residence condition, while Afjal Ali Sha, the victim's relative, sought cancellation of Anisur's bail altogether, alleging he was influencing the trial. Both applications, along with a delay-condonation application, were taken up together, alongside concerns about a Sessions Court order that had made adverse remarks against the Special Public Prosecutor and referred the matter to the state's Legal Remembrancer.

Decision Breakdown

The Supreme Court rejected Afjal's application to cancel Anisur's bail, finding it was more of a retaliatory response to Anisur's modification request than one grounded in genuine cause. It also rejected Anisur's application to modify the Kolkata-confinement bail condition, holding that a previous similar request had already been rejected and that allowing it now, absent a materially different justification, would amount to impermissibly reopening a settled bail condition. Separately, the Court found that the Sessions Court had unfairly criticised the Special Public Prosecutor as "torpid and indifferent" for seeking re-examination of witnesses to ensure a fair trial, and set aside that part of the Sessions Court's order referring the matter to the Legal Remembrancer, while directing the Sessions Court to let the prosecutor continue the trial fairly and conclude proceedings without being unduly rushed by earlier timelines.

Lesson Learnt

Bail conditions, once fixed and unsuccessfully challenged before, will not ordinarily be reopened without a genuinely new justification, and applications for cancellation of bail must be grounded in real misuse of liberty rather than used as a tactical counter to the accused's own requests; trial courts should also be cautious about publicly criticising prosecutors for legitimate steps taken to ensure a fair trial.

Official source (sci.gov.in)View Judgment (PDF)

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