Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Bail |
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.389 - Suspension of sentence pending appeal and release on bail - Death due to assault with sharp edged weapons - Conviction u/s.302 /PC and sentence of life imprisonment - During pendency of criminal appeal, application for release on bail - High Court granted bail - Challenged - Held: Order directing suspension of sentence and grant of bail should not be passed as a matter routine - In cases involving conviction under s.302 /PC, it is only in exceptional cases that benefit of suspension of sentence can be granted - In considering prayer for bail in such case, Courts ought to_ consider factors like nature of accusation, manner in which crime was allegedly committed, gravity of the offence, and desirability of releasing the accused on bail - These aspects were not considered by High Court - Accused directed to surrender to custody - Bail. According to the prosecution, respondents 2 to 4 alongwith two co-accused assaulted the appellant's brother with various sharp edged weapons which caused his death. The trial Court convicted the respondents 2 to 4 u/s. 302 IPC and sentenced them to life imprisonment. During pendency of criminal appeal, respondents 2 to 4 filed application for release on bail. The High Court granted bail. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 106 |
Petitioner | Masood Ali Khan |
Respondent | State Of U.p. And Ors. |
SCR | [2009] 1 S.C.R. 859 |
Judgement Date | 2009-02-05 |
Case Number | 213 |
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