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.