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april 1987

Supreme Court of India · 1987-04-28

SHAHZAD HASAN KHAN vs ISHTIAQ HASAN KHAN & ANR.

Citation / case number
SC 1986/69732
Court
Supreme Court of India
Petitioner
SHAHZAD HASAN KHAN
Respondent
ISHTIAQ HASAN KHAN & ANR.
Author
M.P. THAKKAR
Bench
M.P. THAKKAR

Judgment text excerpt

The Supreme Court held that successive bail applications must be placed before the same Judge who dealt with earlier applications to maintain judicial discipline and prevent abuse of process. The Court emphasized that while the liberty of a citizen is paramount, in serious offenses like murder, the prosecution must present correct facts, especially when prior bail applications have been rejected on merit. The Court set aside the High Court's order granting bail, reinforcing that the integrity of the judicial process must be upheld, particularly in cases involving serious charges under the Criminal Procedure Code, 1973, Sections 436-439.

SHAHZAD HASAN KHAN vs ISHTIAQ HASAN KHAN & ANR. · Niyam