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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss. 439 and 161 – Bail – Grant of – Appellant lodged FIR against the respondents-accused for murder of his son – Respondents-accused applied for bail – Sessions Courts rejected the said bail applications – High Court granted bail to respondents – Appellant approached this court and submitted that – (i) High Court erroneously noted that the accused persons were not named in the FIR and that the statement of witnesses u/s. 161 Cr.PC were recorded after inordinate delay; (ii) High Court have not considered the gravity of the offence committed by the accused persons and have not considered that the offence was committed u/s. 149; (iii) No reasons were assigned and the decision was passed mechanically and without application of mind – Held: Accused persons were named in the FIR and the statements u/s. 161 Cr.PC. were recorded on the very same day – High Court had applied wrong facts in granting of bail – When accused were charged u/s. 149 and when their presence was established, adding the fact that they were part of the unlawful assembly, the individual role of accused is not relevant – High court have not adverted to the gravity and nature of offence and no reasons were assigned while granting the bail – High Court have granted bail mechanically and on application of wrong facts – Judgement of High Court is quashed and set aside – Respondents directed to surrender forthwith – Penal Code, 1860 – ss. 147,148, 149, 323, 504, 506, 302, 307 and 34. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 97 |
Petitioner | Manno Lal Jaiswal |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2022] 1 S.C.R. 990 |
Judgement Date | 2022-01-25 |
Case Number | 97 |
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