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december 2017

Supreme Court of India · 2017-12-14

Prem Giri vs The State Of Rajasthan

Citation / case number
AIR 2018 SUPREME COURT 179
Court
Supreme Court of India
Petitioner
Prem Giri
Respondent
The State Of Rajasthan
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, R.K. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the bail application under Section 438 of the Code of Criminal Procedure, 1973, was flawed due to the absence of judicial reasoning. The Court emphasized that a mere general observation without specific reasoning does not meet the legal standards for rejecting bail applications, particularly in serious offences. Consequently, the Supreme Court set aside the High Court's order and directed that the bail application be reconsidered with proper reasoning.

Prem Giri vs The State Of Rajasthan · Niyam