Supreme Court of India · 2014-06-30
U.O.I. Thr. Cbi vs Nirala Yadav@Raja Ram Yadav@Deepak ...
- Citation / case number
- AIR 2014 SUPREME COURT 3036
- Court
- Supreme Court of India
- Petitioner
- U.O.I. Thr. Cbi
- Respondent
- Nirala Yadav@Raja Ram Yadav@Deepak ...
- Author
- Dipak Misra
- Bench
- N. V. Ramana, Dipak Misra
Judgment text excerpt
The Supreme Court held that the High Court's decision to grant bail under Section 167(2) CrPC was erroneous as it failed to consider the implications of the Constitution Bench ruling in Sanjay Dutt v. State. The Court emphasized that the right to bail under the proviso to Section 167(2) CrPC is contingent upon the filing of a charge-sheet within the statutory period, and the High Court's reliance on previous judgments was misplaced. Consequently, the Supreme Court set aside the High Court's order and denied bail to the respondent.