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july 2002

Supreme Court of India · 2002-07-19

Union Of India (Uoi) vs Ashok Kumar Jaiswal

Citation / case number
AIRONLINE 2002 SC 329
Court
Supreme Court of India
Petitioner
Union Of India (Uoi)
Respondent
Ashok Kumar Jaiswal
Author
H.K. Sema
Bench
H.K. Sema

Judgment text excerpt

The Supreme Court examined whether the High Court erred in granting bail to an accused charged under Sections 8 and 21 of the NDPS Act without adhering to the mandatory requirements of Section 37. The Court held that for offences punishable by five years or more, bail cannot be granted casually; the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences. Consequently, the bail order was found deficient for failing to record these statutory satisfactions.

Union Of India (Uoi) vs Ashok Kumar Jaiswal · Niyam