Supreme Court · 2021 INSC 265 · Decided 20 April 2021
Ramesh Bhavan Rathod v. Vishanbhai Hirabhai Makwana Makwana (Koli) & ANR.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 265 · [2021] 7 S.C.R. 17
- Case number
- CRIMINAL APPEAL No. 422/2021
- Decided
- 20 April 2021
- Bench
- D.Y. CHANDRACHUD, M.R. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 439; Arms Act
Headnote
Code of Criminal Procedure, 1973: s. 439 - Special powers of High Court or Court of Session regarding bail - On facts, six persons implicated in five homicidal deaths - Grant of bail by High Court - Correctness of - Held: Nature of the offence, its gravity is a important bearing on the grant of bail - On facts, while granting bail to the six accused, the High Court committed serious mistake by failing to recognize material aspects of the case, rendering the orders of the High Court vulnerable to assail on the ground of perversity - High Court
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