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march 2001

Supreme Court of India · 2001-03-15

STATE OF MAHARASHTRA vs RITESH

Citation / case number
SC 2000/16639
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
RITESH
Author
R.P. SETHI K.T. THOMAS
Bench
R.P. SETHI K.T. THOMAS

Judgment text excerpt

The Supreme Court held that the High Court erred in granting bail to the respondent under Section 439 of the Code of Criminal Procedure, as it prematurely assessed the merits of the case and dismissed the prosecution's evidence regarding conspiracy under Sections 302, 109, 120B IPC and Section 3(i)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The Court emphasized that the existence of a conspiracy could be inferred from circumstantial evidence, and the prosecution should be allowed to present its case. Consequently, the bail order was set aside, and the respondent was ordered to remain in custody pending trial.

STATE OF MAHARASHTRA vs RITESH · Niyam