Supreme Court of India · 2007-11-02
SAVITRI GOENKA vs KUSUM LATA DAMANI .
- Citation / case number
- SC 2006/12979
- Court
- Supreme Court of India
- Petitioner
- SAVITRI GOENKA
- Respondent
- KUSUM LATA DAMANI .
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
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 service of notice to the appellant, violating principles of natural justice. The Court emphasized that converting applications under Section 482 Cr.P.C. to bail applications 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.