Supreme Court of India · 2003-09-09
Union Of India (Uoi) And Anr. vs Yusuf Razak Dhanani And Ors.
- Citation / case number
- AIR 2003 SUPREME COURT 4578
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi) And Anr.
- Respondent
- Yusuf Razak Dhanani And Ors.
- Bench
- N. Santosh Hegde, B.P. Singh
Judgment text excerpt
The Supreme Court held that the High Court's procedure in granting anticipatory bail under Section 438 of the Code of Criminal Procedure was flawed, as the second appellant was served with the application only in the afternoon prior to the hearing. The Court emphasized that the lack of adequate opportunity to respond constituted a violation of due process. Consequently, the Supreme Court set aside the High Court's order granting anticipatory bail and remanded the matter for reconsideration, ensuring that all parties are given a fair chance to present their case.