Supreme Court · 2009 INSC 903 · Decided 10 July 2009

Savitri Agarwal & ORS. v. State of Maharashtra & ANR.

Court
Supreme Court of India
Citation
2009 INSC 903 · [2009] 10 S.C.R. 978
Case number
CRIMINAL APPEAL No. 1178/2009
Decided
10 July 2009
Bench
D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 3, 4; CrPC Section 438

Headnote

Code of Criminal Procedure, 1973 - s. 438 - Anticipatory bail - Accusation of committing offence ulss. C 498-A, 304-8134 /PC and ss. 3 and 4 Dowry Prohibition Act - Grant of anticipatory bail by Sessions Court - Cancellation of, by High Court - Sustainability of - Held: Not sustainable -Sessions due consideration of facts and circumstances of the case - High o Court overlooked the distinction of factors relevant for rejecting bail in non-bailable case in the first instance and cancellation of bail already granted - Very cogent and overwhelming circumstances are necessary fqr an order

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