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: 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 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.439 – Appeal against grant of bail – Accused-respondent was accused of a heinous and shocking murder of a lady doctor aged about 30 years – Incident alleged to have taken place in the presence of victim’s father – His bail application was dismissed by Sessions Court – Bail application moved before High Court was, however, allowed within 10/12 days of dismissal of bail application by Sessions Court – State filed appeal against the grant of bail – Held: In the impugned order, High Court did not advert to any error in the reasoning of Sessions Court – Nor was there any discussion of the reason why High Court took a view different from that taken by Sessions Court and whether there were any supervening circumstances within 10/12 days of the order of the Sessions Court, which necessitated a different view – High Court clearly erred in not appreciating the apprehension of prosecution that the respondent would influence witnesses, could not be put to rest by directing respondent not to enter the jurisdiction of Ollur Police Station – High Court completely ignored the fact that the deceased victim used to reside at Ernakulam – Her parents and her five years old daughter resided at Ernakulam – Most of the prosecution witnesses were from Thrissur – There was no reason to suppose that the witnesses would restrict their movements to the limits of the jurisdiction of Ollur Police Station – High Court also completely mis-appreciated the object, scope and ambit of the directions issued by this Court from time to time in In Re : Contagion of Covid 19 Virus In Prisons – The orders of this Court were not to be construed as any direction, or even observation, requiring release of under-trial prisoners charged with murder, and that too, even before investigation is completed and the chargesheet is filed – Respondent was charged with murder in the presence of an eye witness, and impugned order granting bail was filed even before the chargesheet was filed – Moreover, Respondent-Accused had been absconding after the incident – Order of High Court granting bail is liable to be set aside. Bail: Appeal against grant of bail and cancellation of bail – The exercise of appellate jurisdiction to adjudge correctness of a bail order are not restricted by the principles for cancellation of bail. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2021 INSC 195 |
Petitioner | The State Of Kerala |
Respondent | Mahesh |
SCR | [2021] 2 S.C.R. 964 |
Judgement Date | 2021-03-19 |
Case Number | 343 |
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