Supreme Court of India · 2007-04-27
HAMIDA vs RASHID @ RASHEED .
- Citation / case number
- SC 2005/18364
- Court
- Supreme Court of India
- Petitioner
- HAMIDA
- Respondent
- RASHID @ RASHEED .
- Bench
- G.P. MATHUR & A.K. MATHUR
Judgment text excerpt
The Supreme Court held that the High Court's order allowing accused to remain on bail after the conversion of charges to Section 304 IPC was erroneous. The Court emphasized that the nature of the offence changed significantly with the death of the victim, thus nullifying the earlier bail granted under Sections 324, 352, and 506 IPC. The Court ruled that the accused must face trial under the more serious charge of culpable homicide, leading to the dismissal of the High Court's order and the cancellation of bail.