Supreme Court of India · 2009-07-10
Savitri Agarwal & Ors vs State Of Maharashtra & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 3173
- Court
- Supreme Court of India
- Petitioner
- Savitri Agarwal & Ors
- Respondent
- State Of Maharashtra & Anr
- Author
- D.K. Jain
- Bench
- R.M. Lodha, D.K. Jain
Judgment text excerpt
The Supreme Court addressed the cancellation of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, for the appellants accused under Sections 498A, 304B IPC, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Court held that the High Court erred in cancelling the bail without considering the merits of the case, particularly the dying declarations of the deceased which indicated accidental circumstances. The Court reinstated the anticipatory bail granted by the Sessions Judge, emphasizing the need for careful evaluation of evidence before such drastic measures are taken.