Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail Discretionary Power |
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 - Enlargement. of accused-appellant on bail by the Sessions Judge on the strength of an earlier order of the High Court - Justification - Held: On facts, not justified - The Sessions Judge had erroneous perception and fallacious understanding of the earlier High Court order and absolutely misconstrued it - There was no deliberation with .. regard to the requirements u/s.439 CrPC in the order passed ~by the Sess(ons Judge - Relevant aspects while dealing with ยท an application for bail were not kept in view by the Sessions Judge - Grant of bail though involves exercise of discretionary power of the court, yet said exercise has to be made in a judicious manner and not as a matter of course - If the order granting bail is a perverse one or passed on irrelevant materials, it can be annulled by the superior court - However, vide the impugned order, the High Court took note of certain supervening circumstances to cancel the bail, which exercise in the obtaining factual matrix was not necessary - Since the High Court cancelled the bail by taking certain other aspects into consideration, appellant permitted to move application for regular bail - On such application being moved, the same shall be considered on its own merits - Code of Criminal Procedure, 1973 - s.439. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 656 |
Petitioner | Ranjit Singh |
Respondent | State Of M.p. And Others |
SCR | [2013] 11 S.C.R. 273 |
Judgement Date | 2013-09-27 |
Case Number | 1545 |
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