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january 1978

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.

BABU SINGH AND ORS. vs THE STATE OF U.P. · Niyam