Supreme Court of India · 2009-02-25
AMIN KHAN vs STATE OF RAJASTHAN .
- Citation / case number
- SC 2006/27142
- Court
- Supreme Court of India
- Petitioner
- AMIN KHAN
- Respondent
- STATE OF RAJASTHAN .
Judgment text excerpt
The Supreme Court addressed the appeal against the Rajasthan High Court's order regarding the bail status of accused persons charged under Section 396 IPC and Sections 3 and 35 of the Arms Act. The Court held that the High Court's decision to issue non-bailable warrants against certain accused was justified based on the gravity of the offence and the evidence presented, including identification by witnesses and forensic reports. The Court emphasized that the presumption of innocence does not preclude the necessity of custody in serious cases pending appeal, thereby upholding the High Court's order while granting bail to others under specific conditions.