Supreme Court · 1978 INSC 38 · Decided 20 February 1978
Mohan Singh v. Union Territory, Chandigarh
- Court
- Supreme Court of India
- Citation
- 1978 INSC 38 · [1978] 3 S.C.R. 127
- Case number
- CRIMINAL APPEAL No. 118/1978
- Decided
- 20 February 1978
- Bench
- V.R. KRISHNA IYER, JASWANT SINGH, R.S. PATHAK (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC; Prevention of Corruption Act Section 5(2)
Headnote
SINGH A v. UNION TERRITORY, CHANDIGARH February 20, 1978 [V. R. KRISHNA IYER, JASWANT SINGH AND R. S. PATHAK, JJ.J B Criminal Procedure Code. (Act 11 of 1974), 1973 Sections 437, 439- Special powers o; Iligh Court under S. 439(2) in cancelling bail. ~fhe bail granted by the Sessions to the High Court simuitaneousJy, without disclosing it to the Sessions Court. C Allowing the appeal by special leave, the Court HELD : Refusal of bail is not an indirect process of punishing an accused person before he is convicted. This is a confusion regarding the rationale of 'bail. 1bc real basis
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