Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) 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 | Code of Criminal Procedure, 1973:s 439 – Special powers of High Court or Court of Sessionsregarding bail – On facts, an honour killing matter, wherein victimin extra-marital-live in relationship with the sister-in-law of therespondents – Allegation that the respondents conspired to kill thevictim and later shot him dead – FIR lodged by the brother of thevictim against the respondents – Respondents charged u/s. 302 and120B IPC and ss. 3 r/w ss. 25 and 27 of the Arms Act – Bailapplication – Grant of bail by the High Court, by a casual andcryptic order – Justification of – Held: While liberty of an individualis an invaluable right, at the same time while considering bailapplication, courts cannot lose sight of the serious nature of theaccusations against an accused and the facts that have a bearingon the case – On facts, it cannot be said that the accusations againstthe respondents are prima-facie wholly false, frivolous or vexatiousin nature, so as to justify grant of bail – Prosecution has broughton record adequate material that would prima-facie point towardsthe guilt of the accused – High Court while passing the impugnedorders did not take into account even a single material aspect ofthe case, instead, referred only to the testimony of one hostile witnessin the trial and on the basis thereof, exercised its discretion to grantbail, by passing a cryptic and casual orders, de hors cogentreasoning – Thus, not a fit case for the grant of bail to therespondents, given the seriousness of the allegations against them– Impugned judgments passed by the High Court set aside – PenalCode, 1860 – ss. 120B and 302 – Arms Act, 1959 – ss. 3, 25 and27.s 439 – Grant of bail – Factors to be considered – Discussed.Maxims : “cessante ratione legis cessat ipsa lex” – Meaning of. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2023 INSC 642 |
Petitioner | Rohit Bishnoi |
Respondent | The State Of Rajasthan & Anr |
SCR | [2023] 10 S.C.R. 502 |
Judgement Date | 2023-07-24 |
Case Number | 2078 |
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