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ANIL KUMAR YADAV vs. STATE (NCT) OF DELHI & ANR.

SCR Citation: [2017] 11 S.C.R. 195
Year/Volume: 2017/ Volume 11
Date of Judgment: 14 November 2017
Petitioner: ANIL KUMAR YADAV
Disposal Nature: Appeals Dismissed
Neutral Citation: 2017 INSC 1111
Judgment Delivered by: Hon'ble Ms. Justice R. Banumathi
Respondent: STATE (NCT) OF DELHI & ANR.
Case Type: CRIMINAL APPEAL /1938/2017
Order/Judgment: Judgment
1. Headnote

Bail: Grant of bail-In a case u/s.302 & 308 r/w s.34 IPC-Propriety of- Held: While considering question of grant of bail, it is necessary c to consider prima facie case, an exhaustive exploration of the merits should be avoided - There is no hard and fast rule for grant or reprisal of bail - Each case is required to be considered on its own merit - Jn the present case, Sessions Court seems lo have gone into the merits of the prosecution case, while granting bail - In crimes 0 like murder; the period of incarceration by itself would not entitle the accused to be enlarged on bail - The materials on record show 'prima facie' case against the accused- Sessions court granted bail on irrelevant considerations - Trial court is yet to record the testimony of material witnesses - For ensuring fair trial, it is necessary that accused are not enlarged on bail - Though liberty  of the accused is a relevant consideration as he is only an under trial, it is equally important to consider the impact of their release on bail - A balance has to be struck, in order to ensure that during trial witnesses depose without fear and justice is done to the society - High Court rightly cancelled the bail granted by Sessions Court.  Grant of bail - Interference with - By High Court - Permissibly - Held: Sessions Court grants bail in exercise of its discretion - Such discretion normally not be interfered with by High court - But can interfere, if the bail order suffers from serious infirmities or perversity.  Practice and Procedure: Framing of charges and grant of bail - By common order - Propriety of such practice - Held: Considerations for framing of charge and for grant of bail are different - Therefore, such practice is not desirable.

2. Case referred
3. Act
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4. Keyword
  • Bail: Grant of bail-In a case u/s.302 & 308 r/w s.34 IPC-Propriety
5. Equivalent citation
    Citation(s) 2017 AIR 5398 = 2018 (12) SCC 129 = 2018 (12) Suppl. SCC 129 = 2017 (11) JT 522 = 2017 (11) Suppl. JT 522 = 2017 (13) SCALE 448