Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail Adverse remarks Expunction of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
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 | Bail – Adverse remarks – Expunction of – During the pendency of bail proceedings of respondent no.1, the High Court made adverse remarks against the appellants, who had no lis in the proceedings – Further, the High Court issued direction for seeking reports against appellant no.2 during the bail proceedings – On appeal, held – Remarks made by High Court against appellant no.2 are unreasonable and without justification as appellant no.2 has no personal involvement in the case – No evidence against appellant no.2 has been analysed and no opportunity has been given to him to explain himself – Also, appellant no.3 is not a party to the bail proceedings, it was unreasonable to pass adverse remarks – Further, the direction issued by the high Court to seek reports against the appellant no.2 during bail proceedings of respondent no .1 is liable to be set aside as no opportunity of hearing was given to appellant no.2 and the High Court must have confined itself to the issues relevant to it for the purposes of deciding the bail of respondent no.1 – Adverse remarks passed by the High Court against the appellants expunged and order of High Court quashed. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2023 INSC 272 |
Petitioner | Seemant Kumar Singh |
Respondent | Mahesh Ps & Ors. |
SCR | [2023] 3 S.C.R. 587 |
Judgement Date | 2023-03-21 |
Case Number | 872 |
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