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september 2004

Supreme Court of India · 2004-09-23

Kishori Lal vs Rupa And Ors

Citation / case number
AIR 2005 SUPREME COURT 1481
Court
Supreme Court of India
Petitioner
Kishori Lal
Respondent
Rupa And Ors
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the High Court's grant of bail under Section 389 of the Code of Criminal Procedure, 1973, to the accused convicted under Section 302 IPC was erroneous. The Court emphasized that the appellate court must record reasons for suspending the execution of a sentence and granting bail, and that prior bail during trial does not automatically justify suspension of sentence post-conviction. The Court reiterated that in cases of serious offences like murder, bail should only be granted in exceptional circumstances, thus overturning the High Court's decision.

Kishori Lal vs Rupa And Ors · Niyam