Supreme Court of India · 2004-07-26
State Of Haryana vs Hasmat
- Citation / case number
- AIR 2004 SUPREME COURT 3936
- Court
- Supreme Court of India
- Petitioner
- State Of Haryana
- Respondent
- Hasmat
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that the Punjab and Haryana High Court's grant of bail under Section 389 of the Code of Criminal Procedure, 1973, was improper as it failed to adequately consider the gravity of the crime and the evidence against the accused, who was convicted under Sections 302, 307, 148 read with Section 149 of the IPC. The Court emphasized that the absence of misuse of parole does not justify the suspension of sentence and that the Appellate Court must provide written reasons for such decisions. Consequently, the Supreme Court set aside the High Court's order granting bail, reinforcing the need for careful judicial assessment in such matters.