Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973-Section 439(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973-Section 439(2)-Bail- Cancellation of-Considerations for-Bail granted to appellant, cancelled on ground that he had threatened the witnesses of dire consequences-Affidavit of Police Inspector filed in Court indicating the threat given to complainant in court premises and registration of case under Section 188 IPC in relation to the threat-Held, nothing having been urged by way of reply to the affidavit, appellant cannot make a grievance that no enquiry was made to find out the truth or otherwise of the statement made in the affidavit-As there were allegations prima facie showing that the witnesses have been threatened, a ground for cancellation of bail did exist. Practice and Procedure: Subsequent application for grant or cancellation of bail-Held, it is desirable that application be placed before the same Judge who had passed the earlier order-However, where the cancellation is sought for on grounds different from those which existed at the time of granting bail, the conventional practice of placing the matter before the same Judge need not be followed.Precedent-What constitutes-Principles elucidated |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 39 |
Petitioner | Mehboob Da Wood Shaikh |
Respondent | State Of Maharashtra |
SCR | [2004] 1 S.C.R. 554 |
Judgement Date | 2004-01-16 |
Case Number | 64 |
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