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october 2013

Supreme Court of India · 2013-10-25

Sudam Charan Dash vs State Of Orissa

Citation / case number
AIR 2014 SC (CRIMINAL) 484
Court
Supreme Court of India
Petitioner
Sudam Charan Dash
Respondent
State Of Orissa
Bench
Madan B. Lokur, Ranjana Prakash Desai

Judgment text excerpt

The Supreme Court held that the Orissa High Court's direction to release respondent 2 on bail after rejecting anticipatory bail was legally unsound and contradictory. The Court emphasized that once anticipatory bail is denied, the High Court should not issue directions that undermine that decision, as it contravenes Sections 438 and 439 of the Code of Criminal Procedure, 1973. The Court reiterated the principles established in Gurbaksh Singh Sibbia v. State of Punjab and Savitri Agarwal v. State of Maharashtra, asserting that such orders lack legal sanctity and violate statutory provisions.

Sudam Charan Dash vs State Of Orissa · Niyam