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march 2008

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.

REKHA PATEL vs PANKAJ VERMA . · Niyam