SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 1285

SANJAY KISHAN KAUL, M. M. SUNDRESH
Sahab Alam @ Guddu – Appellant
Versus
State of Jharkhand – Respondent


ORDER

Leave granted.

2. Heard learned counsel for the parties.

3. We have a batch of petitions before us, arising from different nature of offences from dowry to Section 420, IPC to Section 376, IPC and POCSO Act. The common aspect in all these cases is that one particular learned Judge of the High Court has granted bail on condition on deposit of substantive sums of money without consideration of the requirements of bail dependent on the nature of offences. It is trite to say that bail cannot per se be granted if a person can afford to deposit the money or his capacity to pay. That is what seems to have happened. Since there is no proper consideration, it is also difficult for us to analyze what weighed with the learned Judge while granting bail and it is certainly not the jurisdiction of this Court to be first or a second Court of bail.

4. Learned Amicus has expressed his concern that such an approach gives rise to an impression among the accused that bail is admissible on being able to pay the money to obtain the said bail by seeking deposit of different amounts.

5. We are thus, of the view that in all these matters the impugned orders are liable to be set aside and the matters remit


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top