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october 2010

Supreme Court of India · 2010-10-29

PRASANTA KUMAR SARKAR vs ASHIS CHATTERJEE

Citation / case number
SC 2010/11511
Court
Supreme Court of India
Petitioner
PRASANTA KUMAR SARKAR
Respondent
ASHIS CHATTERJEE
Author
D.K. JAIN
Bench
D.K. JAIN,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court held that the High Court's order granting bail under Section 439 of the Code of Criminal Procedure, 1973 was unsustainable as it failed to consider the gravity of the crime under Section 302 IPC and the identification of the accused by a witness. The Court emphasized that the High Court must exercise its discretion judiciously in bail matters, particularly in serious offenses like murder. Consequently, the Supreme Court set aside the High Court's bail order, reinforcing the need for careful judicial scrutiny in such cases.

PRASANTA KUMAR SARKAR vs ASHIS CHATTERJEE · Niyam