Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder case Conviction of accused-private respondents a/w life sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail – Murder case – Conviction of accused-private respondents a/w life sentence – Appeals – Grant of bail by High Court during pendency of the appeals – Challenged by widow of the deceased – Held: Impugned judgment/order passed by the High Court releasing the accused on bail pending appeal lacks total clarity on which part of the judgment/order can be said to be submissions and which part can be said to be the findings/ reasonings – It does not even reflect the submissions on behalf of the Public Prosecutor – Detailed counter affidavit filed on behalf of the State opposing the bail pending appeal was not even referred to by the High Court – The manner in which High Court disposed of the application u/s.389 CrPC and the application for bail pending appeal cannot be approved – Even on merits also, the order passed by the High Court is unsustainable – High Court failed to note the circumstances under which right from the very beginning efforts were made to delay/derail the investigation – High Court also did not consider the seriousness of the offence and the gravity of the accusation against the accused and their antecedents and conduct by giving threats to the witnesses during trial and even thereafter – Accused-private respondents to surrender forthwith to serve out the sentence imposed by trial Court – High Court to decide the pending appeals on merits – Code of Criminal Procedure, 1973 – s.389 – Penal Code, 1860 – ss. 302/ 149, 201 r/w s.120B. Judgments/Orders – Importance and purpose of a judgment – It is not adequate that a decision is accurate, it must also be reasonable, logical and easily comprehensible – What the court says, and how it says it, is equally important as what the court decides – It is desirable that the judgment should have a clarity both on facts and law and on submissions, findings, reasoning and the ultimate relief granted. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 458 |
Petitioner | Shakuntala Shukla |
Respondent | State Of Uttar Pradesh And Another |
SCR | [2021] 6 S.C.R. 87 |
Judgement Date | 2021-09-07 |
Case Number | 876 |
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