Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail Assault |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Bail - Grant of - Validity - Assault with balkati (a sharpedged weapon) and lathis - Four victims - All suffered seriousInjuries, One died Case registered u/ ss.147, 148, 149,323,325,302 /PC - Respondent no.2 and three co-accused denied bail by Sessions Judge - High Court, t ·however, granted them bail - On appeal, held: Keeping in viewthe criminal antecedents of Respondent no.2, as well as thespecific role assigned against him, it cannot be said that itwas fanciful, unreasonable or irresponsible for the State tocontend that Respondent no.2 violated the terms of his bailby threatening or intimidating witnesses - It was incorrect andimprudent for the High Court to grant him bail at least till suchtime as examination of the eye witnesses had been completed - The Court should not lose perspective of the factthat intimidation of witnesses is a common occurrence at leastas regards persons come into conflict with the law on multipleoccasions - Accordingly, bail of Respondent no.2 cancelled- Alleged role ascribed to one co-accused identical in materialparticulars to that of Respondent no. 2, both of whom allegedlywere armed with balkatis - High Court erred in granting bailto that co-accused as well - Other two co-accused were notarmed with sharp edged weapons but with lathis/dandas - TheState did not allege pendency of any previous cases against them and it was also not the prosecution case that theyendeavoured to intimidate or influence witnesses - Bail orderin respect of them accordingly not interfered with. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2013 INSC 697 |
Petitioner | Atmaram |
Respondent | State Of U.p. |
SCR | [2013] 10 S.C.R. 513 |
Judgement Date | 2013-10-08 |
Case Number | 1678 |
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