Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1999

Supreme Court of India · 1999-04-05

MANOJ vs STATE OF M.P.

Citation / case number
SC 1998/21136
Court
Supreme Court of India
Petitioner
MANOJ
Respondent
STATE OF M.P.
Author
M.B. SHAH. K.T.THOMAS
Bench
M.B. SHAH. K.T.THOMAS

Judgment text excerpt

The Supreme Court addressed the issue of bail under Section 439 of the Code of Criminal Procedure and the applicability of the proviso to Section 167(2) in the context of prolonged detention without charge. The Court held that the appellant was entitled to bail due to the failure of the prosecution to file a chargesheet within the stipulated time, despite the High Court of Madhya Pradesh's rejection based on the argument that the appellant was not in judicial custody. The Court emphasized that the legal principle of entitlement to bail under these circumstances must be upheld, leading to the granting of bail to the appellant.

MANOJ vs STATE OF M.P. · Niyam