MASROOR v. STATE OF U.P & Anr.
Case at a glance
Outcome
Allowed
For the foregoing reasons, the appeal is allowed and
Provisions considered
- Code of Criminal Procedure, 1973 ss. 439, 439(2)
- Indian Penal Code, 1860 ss. 147, 148, 149, 302, 307
Judgment
. second respondent has been charged with, the A . background in which these were committed and the stage of the trial, the High Court was not justified in granting bail to the respondent and set him free~ [Para 14] [1038- F] B
1.3. High Court has not indicated any reason whatsoever for grant of bail. There is no consideration of any of the factors, like nature of the offence; the evidence collected by the prosecution and forming part of the chargesheet and the circumstances under which the offences were committed, all relevant for deciding the C question whether the bail should be granted or not. Failure in not indicating any reason for grant of bail particularly when charges against the second respondent are serious, makes his order indefensible. At the stage of granting bail, a detailed examination of D evidence and elaborate documentation of the merits of the case is not to be undertaken but that does not mean that while granting bail some reasons for prima facie concluding why bail was granted are not to be indicated, which is the case here. [Para 15] [1039-E-H] E
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: For the foregoing reasons, the appeal is allowed and
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 439, 439(2); Indian Penal Code, 1860 — ss. 147, 148, 149, 302, 307.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.