Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | anticipatory bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 - ss. 438 and 439 -Scope and purport of - Application for anticipatory bail -Rejected by High Court but further direction issued by it totrial court to release respondent 2-accused on bail - Propriety- Held: After rejecting the prayer for anticipatory bail, the HighCourt should not have negated its own· order by directing that respondent 2 should be released on bail - This iscontradiction in terms - It dilutes the order rejectinganticipatory bail - Such order is not legally sound and·overlooks the scope and purport of ss.438 & 439 CrPC - TheMagistrate re.leased respondent 2 on bail solely on the ground that the High Court had issued such direction - TheMagistrate had no alternative but to do so - Thus, there wasno consideration of the application for bail filed by respondent2 on merits - Order passed by Magistrate therefore .quashed- Direction issued that if respondent 2 appears and surrenders before the Magistrate and prefers application forbail, the Magistrate shall decide his application on merits andin accordance with law. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 723 |
Petitioner | Sudam Charan Dash |
Respondent | State Of Orissa & Anr. |
SCR | [2013] 10 S.C.R. 284 |
Judgement Date | 2013-10-25 |
Case Number | 1862 |
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