Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1978

Supreme Court of India · 1978-08-24

MOTI RAM & ORS. vs STATE OF M.P.

Citation / case number
SC 1978/90478
Court
Supreme Court of India
Petitioner
MOTI RAM & ORS.
Respondent
STATE OF M.P.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court clarified the scope of bail jurisprudence under Sections 440(1), 441, 445, and 389(1) of the Code of Criminal Procedure, 1973, emphasizing that bail can be granted with or without sureties. The Court held that the refusal to accept a surety from a different district is arbitrary and infringes on the individual's right to liberty, necessitating a liberal interpretation of bail provisions. The Court directed the Magistrate to release the petitioner on a personal bond of Rs. 1,000, underscoring the importance of social justice and fair procedure as outlined in Maneka Gandhi's case.

MOTI RAM & ORS. vs STATE OF M.P. · Niyam