Supreme Court · 2019 INSC 1325 · Decided 5 December 2019
Mahipal v. Rajesh Kumar @ Polia & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1325 · [2019] 14 S.C.R. 529
- Case number
- CRIMINAL APPEAL No. 1843/2019
- Decided
- 5 December 2019
- Bench
- D.Y. CHANDRACHUD, HRISHIKESH ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 439
Headnote
Code of Criminal Procedure, 1973: s.439 - Bail - Complainant's case was that the victim-deceased was his nephew and was assaulted by the respondents-accused while the deceased and his friend were on their way on a bike - Victim-deceased suffered head injuries which resulted was allowed by High Court - Complainant- appellant filed instant appeal challenging the order of High Court enlarging the first respondent on bail - Held: A court assessing a plea of bail is required to find a prima facie view of the possibility of the commission of the crime
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