Supreme Court of India · 2012-09-20
ASH MOHAMMAD vs SHIV RAJ SINGH @ LALLA BABU
- Citation / case number
- SC 2012/15580
- Court
- Supreme Court of India
- Petitioner
- ASH MOHAMMAD
- Respondent
- SHIV RAJ SINGH @ LALLA BABU
- Author
- Dipak Misra
- Bench
- DIPAK MISRA K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court examined the legality of the High Court's bail order under Section 439 of the CrPC concerning the accused charged under Sections 365 and 506 IPC. The Court emphasized that the High Court failed to adequately consider the serious nature of the allegations, including the victim's statement under Section 164 CrPC, which indicated the accused's involvement in the abduction and confinement of the victim. The Supreme Court ultimately set aside the High Court's bail order, reinforcing the principle that bail should not be granted in cases involving serious charges where the accused has a criminal history.