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.