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 – Bail – Grant/ cancellation of – When – Held: Power of the High Court u/s. 439 is wide – |
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 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s 439 – Bail – Grant/ cancellation of – When – Held: Power of the High Court u/s. 439 is wide – Exercise of the said discretionary powers vested in the Court when considering grant of bail ought to be in a judicious manner and not as a matter of course – If an order is passed without proper application of mind or in contravention of directions of this court, it would be susceptible to interference – When it comes to assessing an application seeking cancellation of bail, the appellate court looks out for, amongst others, supervening circumstances or any violation of the conditions of bail imposed on the person who has been accorded such a relief – On facts, the impugned order enlarging the accused on bail is cryptic and non-speaking demonstrated non-application of mind – High Court erred in not offering any reason, good, bad or indifferent and mechanically recorded the submissions – Thus, looking at the gravity of the offence committed by the respondent no.2 u/s. 302 and the award of life imprisonment, and also having regards to his criminal antecedents that he is a hardened criminal with several cases registered against him, the bail is cancelled. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2022 INSC 568 |
Petitioner | Meena Devi |
Respondent | The State Of U.p. And Another |
SCR | [2022] 4 S.C.R. 23 |
Judgement Date | 2022-05-13 |
Case Number | 808 |
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