Supreme Court · 2022 INSC 514 · Decided 5 May 2022
MS. P v. The State of Madhya Pradesh and Another
- Court
- Supreme Court of India
- Citation
- 2022 INSC 514 · [2022] 3 S.C.R. 823
- Case number
- CIVIL APPEAL No. 740/2022
- Decided
- 5 May 2022
- Bench
- N.V. RAMANA, KRISHNA MURARI, HIMA KOHLI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 376(2)(n), 506; CrPC Section 439
Headnote
Code of Criminal Procedure, 1973: s. 439 - Special powers of High Courts and Courts of Sessions regarding bail - Exercise of - Held: High Court or the Sessions Court have wide discretion u/s. 439(1) however, it must be exercised after due application of the judicial mind and not individual has been placed on the high pedestal however, the reasons for granting bail should be furnished - Absence of cogent reasons and failure to refer the relevant factors to grant bail can persuade the appellate court to interfere with the order passed - Bail once granted, can be
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