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.