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.