Supreme Court of India · 2004-09-23
KISHORI LAL vs RUPA .
- Citation / case number
- SC 2004/5046
- Court
- Supreme Court of India
- Petitioner
- KISHORI LAL
- Respondent
- RUPA .
- Author
- ARIJIT PASAYAT
- Bench
- C.K. THAKKER ARIJIT PASAYAT
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 accused convicted under Section 302 IPC was erroneous. The Court emphasized that the appellate court must record reasons for suspending a sentence and granting bail, and that previous bail during trial does not justify suspension post-conviction. The Court reiterated that in cases of conviction under Section 302 IPC, suspension of sentence should only be granted in exceptional circumstances, which were not present in this case, leading to the dismissal of the bail application.