Supreme Court of India · 2007-08-13
State Of Gujarat vs Narendra K. Amin
- Citation / case number
- AIR 2007 SUPREME COURT 2876
- Court
- Supreme Court of India
- Petitioner
- State Of Gujarat
- Respondent
- Narendra K. Amin
- Author
- P.K. Balasubramanyan
- Bench
- Tarun Chatterjee, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the issue of anticipatory bail under Section 438 of the Code of Criminal Procedure, emphasizing that the Sessions Judge's order was inappropriate as it effectively resembled an acquittal. The Court held that the gravity of the offense and the potential for witness tampering warranted a refusal of anticipatory bail, thus allowing the State of Gujarat to challenge the Sessions Court's decision directly. The Court ultimately decided to intervene, citing the need for custodial interrogation and the serious implications of the case.