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SUPREME COURT OF INDIA
ALTAMAS KABIR, CYRIAC JOSEPH, JJ.
AVTAR SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
Criminal Appeal No. 570 of 2009 [Arising out of SLP (Crl.) No. 8507 of 2008]
Decided on : 27-03-2009
Bail - Appellant's Release - Legal provisions related to bail and the court's discretion in granting bail were considered by the court in allowing the appellant's release on bail.
Fact of the Case:
The appellant sought bail after the Sessions Judge and the High Court refused bail. Some co-accused had already been granted bail.
Finding of the Court:
The court allowed the appeal and directed the appellant's release on bail to the satisfaction of the trial court.
Issues: The refusal of bail by the lower courts and the appellant's request for bail.
Ratio Decidendi: The court considered the order of the lower courts, the appellant's request, and the fact that some co-accused had been granted bail in reaching its decision to allow the appellant's release on bail.
Final Decision: The appeal was allowed, and the appellant was directed to be released on bail to the satisfaction of the trial court.
ORDER
1. This matter has come up after notice. Leave granted.
2. Having heard the learned counsel for the appellant as well as the State, and having looked into the order of the learned Sessions Judge refusing bail to the appellant herein, which was later confirmed by the High Court, Avtar Singh v. State of Punjab, CRM-M No. 25017 of 2008 (P&H) and also considering the fact that some of the co-accused have already been granted bail, we allow the appeal and direct that the appellant be also released on bail to the satisfaction of the trial court.
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