Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Grant of bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 439 – Discretion to grant bail ought not to be used arbitrarily, capriciously, and injudiciously – Appeal allowed – High Court ought not to have been granted bail on account of (i) seriousness of the crime; (ii) conduct of accused persons; and (iii) overall impact of crime on the society. Held: Accused persons charged under s. 147, 148, 149, 323, 504, 506, 427, 394, 411, 302 and 120-B, Indian Penal Code along with s. 7 of the Criminal Law Amendment Act 2013 – In relation to FIR lodged by Appellant stating that persons including Respondent No. 2 and a co-accused attacked him, his uncle (the deceased) and another person – Bail applications of both accused persons rejected by trial court – Appeals against trial court orders allowed – Bail granted by High Court – Appellant challenged correctness of High Court’s orders – Appeal allowed – Grant of bail involves exercise of discretionary power which ought not to be used arbitrarily, capriciously; and injudiciously – Bail ought not to have been granted on account of (i) seriousness of the crime; (ii) conduct of accused person(s); and (iii) overall impact of the crime on society at large as the accused persons had overwhelming influence in the area. [Paras 15, 19] |
Judge | Hon'ble Mr. Justice Satish Chandra Sharma |
Neutral Citation | 2024 INSC 323 |
Petitioner | Ramayan Singh |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2024] 4 S.C.R. 686 |
Judgement Date | 2024-04-19 |
Case Number | 2186 |
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