Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail cessante ratione legis cessat ipsa lex |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
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 Allowed |
Headnote | Penal Code, 1860 – ss.302 r/w 34; 341, 307 r/w 34 – Bail – Respondent accused of murder of appellant’s son – Bail rejected by Sessions Court –Granted by High Court with certain conditions – On appeal, held: Offences alleged against respondent are serious vis-a-vis the appellant’s son at two points of time, in 2017 alleging attempt to murder him and in 2020 alleging his murder – Respondent has criminal antecedents – There is a likelihood of him absconding or threatening the witnesses if on bail which would have a vital bearing on the trial – Present cases not fit for grant of bail to the respondent in respect of the two serious accusations against him vis-a-vis the very same person – High Court lost sight of the vital aspects of the case and granted bail by very cryptic orders – Impugned orders set aside – Respondent to surrender – Arms Act – ss.25, 27 – Maxims – cessante ratione legis cessat ipsa lex.Bail – Grant of – Factors to be considered – Discussed.Bail – Order of – Recording of reasons – Held: While elaborating reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail – It would be only a non speaking order which is an instance of violation of principles of natural justice – In such a case the prosecution or the informant has a right to assail the order before a higher forum – Principles of natural justice. |
Judge | N/A |
Neutral Citation | 2021 INSC 919 |
Petitioner | Brijmani Devi |
Respondent | Pappu Kumar & Anr. |
SCR | [2021] 9 S.C.R. 533 |
Judgement Date | 2021-12-17 |
Case Number | 1663 |
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