Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail - Grant of - Criminal assault on College Professor - His right palm chopped of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Unlawful Activities (prevention) Act, 1967 (37 of 1967) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bail - Grant of - Criminal assault on College Professor. His right palm chopped of - Alleged motive for attacking the Professor was that he incorporated a question for B. Com. paper criticizing Prophet Mohammed and Islam - Prosecution case that respondent, a dental surgeon, stitched the back of an injured assailant in pursuance of a previous plan - Further allegation that respondent was member of PF/, a Muslim organization - High· Court granted bail to respondent - Challenge to - Held: There was no a/legation that respondent was one of the assailants - Even there was no prima facie proof that respondent was involved in the crime - Hence, proviso to s. 430(5) of the Unlawful Activities (Prevention)· Act was not violated - Even a dentist can apply stitches in an emergency - Prima facie the only offence that can be leveled against the respondent is under s.202 /PC, of omitting to give information of the crime to the police, and this offence also has to be proved beyond reasonable doubt - S.202 is a bailable offence - In absence of any evidence' to prove that PF/ is a terrorist organization, the respondent cannot be penalized merely for belonging to the PFI. No reason for denial of bail to respondent - Penal Code, 1860 - s.202 - Unlawful Activities (Prevention) Act, 1967 - s.430(5), proviso. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 5 |
Petitioner | State Of Kerala |
Respondent | Raneef |
SCR | [2011] 1 S.C.R. 590 |
Judgement Date | 2011-01-03 |
Case Number | 3 |
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