Supreme Court · 2012 INSC 414 · Decided 20 September 2012
Ash Mohammad v. Shiv Raj Singh @ Lalla Babu and ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 414 · [2012] 7 S.C.R. 584
- Case number
- CRIMINAL APPEAL No. 1456/2012
- Decided
- 20 September 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 364, 506; CrPC Section 439, 164; Constitution Article 21
Headnote
Bail - Grant of - Duty of the Court - Allegation that on instructions of accused-respondent, two persons abducted the C victim under threat whereafter the victim was kept in confinement for eight days and tortured - Respondent was a history-sheeter and a number of criminal cases were pending denied bail by the trial court - High Court, however, granted him bail u/s. 439 CrPC on certain D conditions - On appeal; held: The High Court, in toto, ignored the criminal antecedents of the respondent - What weighed with the High Court was that the respondent had spent seven months in custody
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