Supreme Court of India · 1983-11-21
BHAGIRATH SINH S/O MAHIPAT SINGH JUDEJA vs STATE OF GUJARAT
- Citation / case number
- SC 1983/66182
- Court
- Supreme Court of India
- Petitioner
- BHAGIRATH SINH S/O MAHIPAT SINGH JUDEJA
- Respondent
- STATE OF GUJARAT
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that the High Court's cancellation of bail granted by the Sessions Judge was improper, emphasizing that the approach to bail should not be punitive but rather focused on the accused's availability for trial and the risk of evidence tampering. The Court clarified that once a prima facie case is established, the nature and gravity of the circumstances should not overshadow the fundamental considerations for bail. The appeal was allowed, and the order of the High Court was set aside, reinstating the bail granted by the Sessions Judge under Section 307 IPC and Section 135 of the Bombay Police Act.