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

2003 Supreme(Raj) 1287

O.P.BISHNOI
Arjun Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:N.L. Joshi, Advocate.
For the Respondent: R.R. Chhaparwal, Public Prosecutor.

JUDGMENT

1. :- This second application for bail has been moved by Arjun Singh in the following circumstances:-

The anticipatory bail moved by the petitioner was allowed by this Court on 20.1.2003. After investigation, when the challan was filed in the Court of the learned Additional Chief Judicial Magistrate. Sri Karanpur, the petitioner applied for regular bail but the same was dismissed by the said Court. However, Arjun Singh who was present in the Court, was not taken into custody. Thereafter, the petitioner moved an application under Section 438 of the Criminal Procedure Code which was dismissed by the learned Additional Sessions Judge, Sri Karanpur on 28.3.2003. In these circumstances, this petition under Section 438 of the Criminal Procedure Code has been moved again to this Court.

2. After considering the matter in detail, I find that unfortunately, both the lower Courts have acted in mindless fashion. There was no occasion to disallow the bail prayer which was made by the accused-person. There was no such condition in the order dated 20.1.2003 to the effect that the bail was granted for limited period and when no conditions were imposed by this Court, it was improper on the p









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