Supreme Court · 2014 INSC 218 · Decided 27 March 2014
Sundeep Kumar Bafna v. State of Maharashtra & ANR.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 218 · [2014] 4 S.C.R. 486
- Case number
- CRIMINAL APPEAL No. 689/2014
- Decided
- 27 March 2014
- Bench
- K.S. RADHAKRISHNAN, VIKRAMAJIT SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 438, 437, 439, 167; Constitution Article 21
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: c s. 439 - Bail - Case triable by Court of Session - Power of Court of Session and High Court to grant bail till committal of case to Court of Session - Held: There is no provision in Cr. P. C. or elsewhere, curtailing the power of either of superior courts to bail - A substantial 0 period may inevitably intervene between a Magistrate taking cognizance of an offence triable by Court of Session and its committal to such court - During this interregnum, s. 439 can be invoked for purpose of pleading for bail - Since severe restrictions have been placed
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