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.