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august 2004

Supreme Court of India · 2004-08-25

Samarendra Nath Bhattacharjee vs State Of West Bengal & Anr

Citation / case number
AIR 2004 SUPREME COURT 4207
Court
Supreme Court of India
Petitioner
Samarendra Nath Bhattacharjee
Respondent
State Of West Bengal & Anr
Bench
N.Santosh Hegde, S.B.Sinha, G.P.Mathur

Judgment text excerpt

The Supreme Court held that the High Court erred in canceling the bail granted to the appellant under Section 439 of the Cr.P.C. The Court emphasized that the grounds for canceling bail differ from those for granting it, and the High Court's assessment of the merits of the original complaint was inappropriate. The Court reinstated the bail order, highlighting that the trial court had considered the case diary before granting bail, thus upholding the appellant's right to liberty under Article 21 of the Constitution.

Samarendra Nath Bhattacharjee vs State Of West Bengal & Anr · Niyam