Supreme Court of India · 2009-01-19
PHIROZ IBRAHIM KHAN vs ISMAIL IBRAHIM SAYEED
- Citation / case number
- SC 2008/4138
- Court
- Supreme Court of India
- Petitioner
- PHIROZ IBRAHIM KHAN
- Respondent
- ISMAIL IBRAHIM SAYEED
- Author
- D.K. JAIN,R.M. LODHA, , ,
- Bench
- D.K. JAIN,R.M. LODHA, , ,
Judgment text excerpt
The Supreme Court addressed the appeals against the High Court's order granting anticipatory bail under Section 438 CrPC to Ismail Ibrahim Sayeed, emphasizing that serious allegations were made in the charge-sheet. The Court held that the respondent could file a fresh application for regular bail before the trial Court, which must be considered on its own merits, uninfluenced by the prior anticipatory bail order. The High Court's order remains in force until the trial Court disposes of the regular bail application, which should be done expeditiously.