Code of Criminal Procedure, 1973 – s.439 – Penal Code, 1860 – ss.302, 323, 34, 427, 120B – High Court set aside the order of the Trial Court declining to grant bail to the respondentsaccused(s) – Interference with: Held: Respondents are alleged to have committed the offence u/s.302, IPC – It may be a fact that the respondent-accused(s) may have carried the injured victim, who later died, to the Hospital but he was actually brought dead to the hospital – This fact will have to be considered de hors from the fact as to who actually had committed the offence in the first place in the instant case – Trial court rightly noted the said aspect and declined to grant bail – However, the High Court set aside the said order and granted bail on a very cryptic reasoning – Order of the High Court set aside and that of the Sessions Court is restored. [Paras 19, 20]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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