Supreme Court · 2008 INSC 1359 · Decided 28 November 2008

Bhuvaneshwar Yadav v. State of Bihar and ORS.

Court
Supreme Court of India
Citation
2008 INSC 1359 · [2008] 16 S.C.R. 750
Case number
CRIMINAL APPEAL No. 1893/2008
Decided
28 November 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 27; CrPC Section 439; Arms Act Section 27

Headnote

~ Code of Criminal Procedure, 1973 - s. 439 - Bail - c Grant of - Reqording of reasons - Necessity for - Accused convicted for serious offence - High Court rejected ·bail application filed during pendency of appeal - However, granted liberty to renew the prayer for bail after six on the prayer J?1ade - Correctness D of - Held: Order of High Court granting liberty to renew the prayer for bail though it noticed that bail was rejected earlier, does not show that there was entitlement for bail - It shows ill total non-,application of mind - Thus, order of High Court set

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