Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.438 -Anticipatory bail - Grant of- Charge framed against appellant in the year 2001 only uls. 506(2) /PC on the basis of the statement recorded-Addition of charge u/s.376 IPC nine years later- Order passed for committal of proceedings to Sessions Court and taking the appellantinto custody - Application by the appellant for anticipatory bail - Grant of however cancellation by the High Court-Justification of- by the Sessions Judge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.438 -Anticipatorybail - Grant of- Charge framed against appellant in the year2001 only uls. 506(2) /PC on the basis of the statementrecorded-Addition of charge u/s.376 IPC nine years later-Order passed for committal of proceedings to Sessions Courtand taking the appellant into custody - Application by theappellant for anticipatory bail - Grant of, by the SessionsJudge, however, cancellation by the High Court-Justificationof- Held: Merely because the charge u/s. 376 IPC, which isa serious charge, is now added, the benefit of anticipatorybail cannot be denied when such a charge is added laterand inaction of the prosecutrix is also a contributory factor-Further, no purpose would be served in compelling theappellant to go behind bars, as an under trial, by refusing theanticipatory bail in respect of alleged incident - Judgmentpassed by the High Court is set aside and that by theSessions Judge, is restored - Penal Code, 1860 - ss. 376,506.Bail -Anticipatory bail - Grant or refusal of- Factors tobe taken into consideration - Stated. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 623 |
Petitioner | Bhadresh Bipinbhai Sheth |
Respondent | State Of Gujarat &another |
SCR | [2015] 10 S.C.R. 398 |
Judgement Date | 2015-09-01 |
Case Number | 1134-1135 |
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