Supreme Court · 2009 INSC 106 · Decided 5 February 2009
Masood Ali Khan v. State of U.P. and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 106 · [2009] 1 S.C.R. 859
- Case number
- CRIMINAL APPEAL No. 213/2009
- Decided
- 5 February 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 389
Headnote
Code of Criminal Procedure, 1973 - s.389 - Suspension of sentence pending appeal and release on bail - Death due c to assault with sharp edged weapons - Conviction u/s.302 /PC and sentence of life imprisonment - During pendency of criminal appeal, application for release on bail - High Challenged - Held: Order directing suspension of sentence and grant of bail should not be passed as a matter D of routine - In cases involving conviction under s.302 /PC, it is only in exceptional cases that benefit of suspension of sentence can be granted - In considering prayer for bail in such
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