Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Reasons given by High Court for granting bail to respondent no.2 302 and 120. cannot be termed as perverse – Penal Code 1860 – ss. 498-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bail – Grant of – When justified – Appellant’s daughter gotmarried to respondent no.2 but thereafter went to live at appellant’splace due to social non-acceptance of the marriage by familymembers of respondent No.2 – Subsequently, Respondent No.2planned a trip with his wife, to New Delhi/Leh, who died during thecourse of their journey as the car they were travelling in allegedlymet with an accident – FIR registered by appellant u/ss. 498-A, 302and 120-B IPC – State Government transferred the case to CBI –Respondent no.2 was arrested but granted bail by High Court – Onappeal, held: No doubt, the offence with which respondent no.2 ischarged is a serious one, however, that by itself cannot be the groundto outrightly deny the benefit of bail if there are other overwhelmingcircumstances justifying grant of bail – It is not disputed that afterthe incident, appellant, other family members as well as some doctorswho were close to the family had arrived and post mortem wasconducted in their presence but nobody nurtured any suspicion –FIR was lodged nine days after the incident – Further, evidentiaryvalue of reports of CRRI, AIIMS, CFSL and IIT relied on by appellantare yet to be tested, more so, when these reports are given on thebasis of studies undertaken much after the incident – Impugnedorder is a speaking order – Reasons given by High Court forgranting bail to respondent no.2, cannot be termed as perverse –Penal Code, 1860 – ss. 498-A, 302 and 120. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 364 |
Petitioner | Seema Singh |
Respondent | Central Bureau Of Investigation & Anr. |
SCR | [2018] 3 S.C.R. 355 |
Judgement Date | 2018-04-18 |
Case Number | 569 |
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