Supreme Court · 2010 INSC 752 · Decided 29 October 2010
Prasanta Kumar Sarkar v. Ashis Chatterjee & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 752 · [2010] 12 S.C.R. 1165
- Case number
- CRIMINAL APPEAL No. 2086/2010
- Decided
- 29 October 2010
- Bench
- D.K. JAIN, H.L. DATTU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 439
Headnote
Code of Criminal Procedure, 1973: A B s.439 - Bail - Factors to be taken into account while c considering an application for bail - Explained - HELD: In the instant case, the High Court completely lost sight of the basic principles - In the circumstances, it was not the stage at which bail u/s 439 accused more so when even charges were not framed - Order of High 0 Court set aside. Respondent no. 1 was accused of committing murder of an old widow by strangulation. His bail applications were rejected by the Additional Chief Judicial Magistrate as also the Court of Session. E However, the High
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