Supreme Court · 2014 INSC 499 · Decided 22 July 2014
Atul Tripathi v. State of UP. & ANR.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 499 · [2014] 14 S.C.R. 1188
- Case number
- CRIMINAL APPEAL No. 1516/2014
- Decided
- 22 July 2014
- Bench
- M.Y. EQBAL, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 389, 439
Headnote
Code of Criminal Procedure, 1973: s. 389 first Proviso - Bail-At post-conviction stage - c Procedure for - Opportunity to Public Prosecutor for showing cause in writing against .such release - Need for - Held: 1(1/here the conviction is in respect of a serious offence having punishment with death not less than ten years, it is mandatory for the o appellate court to give an opportunity to Public Prosecutor, for showing cause in writing against such release - Service of copy of appeal and application for bail, on the Public Prosecutor, will not satisfy the requirement of first proviso to
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