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september 2009

Supreme Court of India · 2009-09-08

Hazari Lal Das vs State Of West Bengal & Anr

Citation / case number
AIR 2010 SUPREME COURT 91
Court
Supreme Court of India
Petitioner
Hazari Lal Das
Respondent
State Of West Bengal & Anr
Author
R.M. Lodha
Bench
R.M. Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the High Court erred in cancelling the anticipatory bail granted under Section 438 of the Code of Criminal Procedure, 1973, by the Sessions Judge without considering the necessary grounds for such cancellation. The Court emphasized that different standards apply for granting and cancelling bail, as established in Dolat Ram And Ors. vs. State of Haryana, requiring cogent reasons for cancellation. The Court reinstated the anticipatory bail granted by the Sessions Judge, thereby allowing the appellant to retain his freedom during the trial.

Hazari Lal Das vs State Of West Bengal & Anr · Niyam