Supreme Court of India · 2001-08-31
Ram Prakash Pandey vs State Of U.P. And Amr
- Citation / case number
- AIR 2001 SUPREME COURT 3592
- Court
- Supreme Court of India
- Petitioner
- Ram Prakash Pandey
- Respondent
- State Of U.P. And Amr
- Author
- S.N. Variava
- Bench
- K.T. Thomas, S.N. Variava
Judgment text excerpt
The Supreme Court held that the High Court's grant of bail to the 2nd Respondent, convicted under Section 302 IPC, was improper as it ignored the provisions of Section 437 of the Criminal Procedure Code, which prohibits bail in cases where there are reasonable grounds to believe the accused is guilty of a serious offence. The Court emphasized the need for a thorough examination of the circumstances surrounding the case, particularly the retraction of witness statements and the potential danger to the life of the deceased. Consequently, the Supreme Court set aside the High Court's order granting bail.