Supreme Court of India · 2024-03-06
The State Of Jharkhand vs Sandeep Kumar
- Citation / case number
- 2024 INSC 179
- Court
- Supreme Court of India
- Petitioner
- The State Of Jharkhand
- Respondent
- Sandeep Kumar
- Author
- Sanjay Kumar
- Bench
- Sanjay Kumar, Vikram Nath
Judgment text excerpt
The Supreme Court held that the High Court's order granting anticipatory bail under Section 438 CrPC was unsustainable due to the lack of cogent reasons for such a decision. The Court emphasized that the discretion to grant bail must be exercised judiciously, particularly in cases involving police officers accused of misconduct, such as altering FIRs to shield an accused. The Court set aside the High Court's order and reinstated the rejection of bail by the Additional Sessions Judge, thereby denying pre-arrest bail to the respondent.