Supreme Court of India · 2008-03-03
REKHA PATEL vs PANKAJ VERMA .
- Citation / case number
- SC 2006/30908
- Court
- Supreme Court of India
- Petitioner
- REKHA PATEL
- Respondent
- PANKAJ VERMA .
- Author
- ARIJIT PASAYAT
- Bench
- J.M. PANCHAL DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the High Court's order granting anticipatory bail under Section 438 Cr.P.C. was not applicable in Uttar Pradesh, as per the prevailing legal position. The Court emphasized that once an accused surrenders and their bail application is rejected, the protection granted by the High Court cannot be extended. The Court referred to the precedent set in Adri Dharan Das Vs. State of West Bengal (2005) to reinforce this principle, ultimately allowing the appeal and setting aside the High Court's order.