Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail Judiciary Judicial discipline |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail:Prosecution u/ss. 302, 307, 324, 326, 120B, 148 and 149 IPC and ss. 25, 27, 54 and 59 of Arms Act, 1959 – Bail applications filed by respondents-accused rejected by trial court – High Court granted bail – Complainant’s appeal – Held: A prima facie case is made out against the accused – The seriousness and gravity of the offence is evident from the Compact Disc (CD) – There is no reason to accord any special consideration to the respondent-accused (in Crl. A. No. 161 of 2018) for his not being Indian National – In the eyes of law every accused is the same,irrespective of their nationality – He is alleged to be the kingpin of the criminal conspiracy which demands his custodial interrogation – Accused in Crl. A. No. 162 of 2018 was granted bail on the basis of parity with the above accused – Bail order of that accused having been set aside, bail of this accused is also liable to be set aside – Accused in Crl. A. No. 163 of 2018 was granted bail without taking into consideration that he was declared a proclaimed offender – His bail is also liable to be set aside – Code of Criminal Procedure, 1973 – s.439.Appeal seeking cancellation of bail and appeal challenging an order granting bail – Distinction between.Judiciary:Judicial discipline – Held: It is not expected of High Court to pass a mandatory order commanding the subordinate court to compulsorily grant bail – Such mandatory directions breach the independence of subordinate courts – Bail. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 50 |
Petitioner | Lachhman Dass |
Respondent | Resham Chand Kaler And Anr. |
SCR | [2018] 1 S.C.R. 326 |
Judgement Date | 2018-01-23 |
Case Number | 161 |
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