Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail: Grant of bail-In a case u/s.302 & 308 r/w s.34 IPC-Propriety |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bail: Grant of bail-In a case u/s.302 & 308 r/w s.34 IPC-Propriety of- Held: While considering question of grant of bail, it is necessary c to consider prima facie case, an exhaustive exploration of the merits should be avoided - There is no hard and fast rule for grant or reprisal of bail - Each case is required to be considered on its own merit - Jn the present case, Sessions Court seems lo have gone into the merits of the prosecution case, while granting bail - In crimes 0 like murder; the period of incarceration by itself would not entitle the accused to be enlarged on bail - The materials on record show 'prima facie' case against the accused- Sessions court granted bail on irrelevant considerations - Trial court is yet to record the testimony of material witnesses - For ensuring fair trial, it is necessary that accused are not enlarged on bail - Though liberty of the accused is a relevant consideration as he is only an under trial, it is equally important to consider the impact of their release on bail - A balance has to be struck, in order to ensure that during trial witnesses depose without fear and justice is done to the society - High Court rightly cancelled the bail granted by Sessions Court. Grant of bail - Interference with - By High Court - Permissibly - Held: Sessions Court grants bail in exercise of its discretion - Such discretion normally not be interfered with by High court - But can interfere, if the bail order suffers from serious infirmities or perversity. Practice and Procedure: Framing of charges and grant of bail - By common order - Propriety of such practice - Held: Considerations for framing of charge and for grant of bail are different - Therefore, such practice is not desirable. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 1111 |
Petitioner | Anil Kumar Yadav |
Respondent | State (nct) Of Delhi & Anr. |
SCR | [2017] 11 S.C.R. 195 |
Judgement Date | 2017-11-14 |
Case Number | 1938 |
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