Supreme Court of India · 1978-01-31
BABU SINGH AND ORS. vs THE STATE OF U.P.
- Citation / case number
- SC 1978/90463
- Court
- Supreme Court of India
- Petitioner
- BABU SINGH AND ORS.
- Respondent
- THE STATE OF U.P.
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that an order refusing bail does not preclude subsequent applications, emphasizing that updated considerations may warrant a different outcome. The Court underscored the significance of Article 21, stating that deprivation of personal liberty must be reasonable and not punitive. It established that the judicial power to deny bail must be exercised with care, considering the impact on both the individual and society. The Court also outlined that the primary rule for granting bail is to ensure the applicant's presence for judgment, taking into account the nature of the charge and potential punishment.