Savitri Goenka vs Kusum Lata Damant And Ors

The Supreme Court held that the High Court's order granting bail under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was invalid due to lack of proper notice to the appellant, violating principles of natural justice. The Court emphasized that converting an application under Section 482 Cr.P.C. to one under Section 438 or 439 Cr.P.C. is not approved. Consequently, the impugned order was set aside and the matter was remanded for fresh consideration, without expressing any opinion on the merits of the case.