Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail - Requirement of recording reasons while directing c grant of bail - Unnatural death of wife within 7 years of marriage - Criminal proceedings against husband - He sought bail - High Court granted bail by a non-reasoned order - Challenge to - Held: There is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where the accused was charged of having committed a serious offence - Any order de hors such reasons suffers from non-application of mind - Matter remitted to High Court for fresh consideration and disposal by a reasoned order - Penal Code, 1860 - s.3048 - E Evidence Act, 1872 - s.1138. Respondent no.1 's wife died within 7 years of marriage. The death was unnatural. Criminal proceedings were initiated against respondent no.1 whereupon he sought bail from the High Court. The High Court observed that the provisions of s.1138 of the Indian Evidence Act, 1872 was not applicable and that it was not a case punishable under s.3048 IPC and granted bail to respondent no.1 by a practically non-reasoned order. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 562 |
Petitioner | Subhash Chandra Singh |
Respondent | Dheemant Singh & Anr. |
SCR | [2009] 6 S.C.R. 724 |
Judgement Date | 2009-04-20 |
Case Number | 787 |
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