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.