Supreme Court of India · 2009-02-05
MASOOD ALI KHAN vs STATE OF U.P. .
- Citation / case number
- SC 2008/32161
- Court
- Supreme Court of India
- Petitioner
- MASOOD ALI KHAN
- Respondent
- STATE OF U.P. .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,
Judgment text excerpt
The Supreme Court held that the Allahabad High Court's order granting bail to respondents during the pendency of their appeal was indefensible as it violated the mandatory requirements of Section 389 Cr.P.C., which necessitates a reasoned order and consideration of the public prosecutor's arguments. The Court emphasized that the High Court failed to acknowledge the brutal nature of the crime and the respondents' criminal history, which warranted denial of bail. Consequently, the Supreme Court set aside the bail order and reinstated the life sentences of the respondents.