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december 1995

Supreme Court of India · 1995-12-07

STATE THROUGH CBI vs MOHD. ASHRAFT BHAT & ORTS

Citation / case number
SC 1994/12281
Court
Supreme Court of India
Petitioner
STATE THROUGH CBI
Respondent
MOHD. ASHRAFT BHAT & ORTS
Author
M.M. PUNCHHI
Bench
M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that the Designated Court erred in granting bail under Section 167 Cr.P.C. after the filing of the police report, as the right to bail is enforceable only before the challan is filed, as established in Sanjay Dutt v. State (1994) 5 SCC 410. The Court clarified that once the challan is filed, bail must be considered based on the merits of the case, not merely on the expiration of the one-year period. Additionally, the Court ruled that the computation of the one-year period should start from the date of the arrest in the relevant FIR, not from an earlier unrelated arrest, referencing Central Bureau of Investigation v. Anupam J. Kulkarni (1994) 5 SCC 141.

STATE THROUGH CBI vs MOHD. ASHRAFT BHAT & ORTS · Niyam