Supreme Court · 2008 INSC 356 · Decided 13 March 2008
Khilari v. State of U.P. and ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 356 · [2008] 4 S.C.R. 903
- Case number
- CRIMINAL APPEAL No. 481/2008
- Decided
- 13 March 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 506; CrPC Section 389
Headnote
Code of Criminal Procedure, 1973: s.389 - Suspension } ~ .·of sentence pen.ding appeal - Release of person convicted in murder cq_se on bail by High Court by a cryptic order - Sustaina:bility of - Held: Not sustainable - There was non- c application of mind and non consideration of relevant remitted to High Court for fresh consideration. It is alleged that respondent No.2 and his two sons D mercilessly assaulted S with iron rods and S succumbed -'. to the injuries. Respondent no.2 was convicted and sentenced for offences punishable under s.302 and s.506 IPC. Respondent filed an
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