Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Interference warranted 1973: s.439 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.439 – Bail – Prosecution case was that the accused brutally killed brother of the complainant in a pre-planned manner – 26 injuries were found on the body of the victim-deceased and 11 injuries on brother of the deceased caused by blunt and sharp weapons – Complainant filed instant appeal challenging the bail granted by High Court on the ground that no reasons whatsoever were assigned by High Court while releasing the accused on bail – Held: Except narrating the submissions made on behalf of the accused and the public prosecutor and the complainant, there was no independent application of mind by the High Court and as such no reasons whatsoever were assigned by the High Court releasing the accused on bail, that too in a case where the accused were facing charges for offences punishable under ss.302 and 307 read with s.149 of the IPC and the other offences in which one person was killed and another person was seriously injured – High Court did not at all take into consideration the facts of the case; the nature of allegations; gravity of offences and role attributed to the accused – As a matter of fact, there was no discussion or analysis of circumstances at all – The impugned order passed by the High Court can be said to be perverse and suffers from non-application of mind to the relevant factors to be considered while grant of bail – Interference warranted. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 343 |
Petitioner | Kumer Singh |
Respondent | State Of Rajasthan & Anr |
SCR | [2021] 6 S.C.R. 539 |
Judgement Date | 2021-07-20 |
Case Number | 571 |
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