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may 1978

Supreme Court of India · 1978-05-05

STATE THROUGH DELHI ADMINISTRATION vs SANJAY GANDHI

Citation / case number
SC 1978/90479
Court
Supreme Court of India
Petitioner
STATE THROUGH DELHI ADMINISTRATION
Respondent
SANJAY GANDHI
Author
Y.V. (() CHANDRACHUD
Bench
Y.V. ((CJ) CHANDRACHUD

Judgment text excerpt

The Supreme Court emphasized that under Article 136, it generally respects the High Court's findings regarding bail cancellation unless there is clear evidence of misuse of bail. The Court held that Section 439(2) of the Code of Criminal Procedure allows for the cancellation of bail if there is a preponderance of evidence indicating that the accused is tampering with witnesses. In this case, the Court found sufficient evidence of witness tampering, leading to the cancellation of the respondent's bail.

STATE THROUGH DELHI ADMINISTRATION vs SANJAY GANDHI · Niyam