Supreme Court of India · 2010-09-06
JAI KUMAR vs BALHARI
- Citation / case number
- SC 2010/21455
- Court
- Supreme Court of India
- Petitioner
- JAI KUMAR
- Respondent
- BALHARI
- Author
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
- Bench
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Judgment text excerpt
The Supreme Court held that the parameters for granting bail differ from those for cancelling bail, emphasizing that the High Court erred in cancelling the bail granted by the trial court under Sections 498A and 304B IPC. The trial court had considered the period of custody and the expected delay in trial, which justified the grant of bail. The Court set aside the High Court's order, reinstating the bail granted to the appellant, affirming that the existence of materials to frame charges does not preclude the grant of bail.