NAND KISHORE ISHWAR @ NAND BABA @ NAND KUMAR v. STATE OF BIHAR
Case at a glance
- Bench
- DHARNIDHAR JHA
Provisions considered
Judgment
Last line of the first paragraph contains a very wrong number of the provision of Cr.P.C. It is corrected and it has to be read accordingly as 438(2) of the Cr.P.C. As regards last line of the order regarding the effect of that particular order till submission of charge sheet, the courts have to keep in their mind that fact situations could be considered for re-considering a case for bail coupled with the legally recognized circumstances for cancellation of order. If a man has remained on bail without misusing the privilege and the court has the belief under the same facts and circumstances that there was no harm in allowing him to continue enjoying his liberties, the court could not, as a matter of its own sweet will, cancel the bail bonds. The court may consider - 2 - circumstances enumerated by this court in the case of Dinesh Parbat Vs. State of Bihar reported in 2007 (2) BLJ and act accordingly. The order is modified in the above terms as also with above directions. Anil/ (Dharnidhar Jha, J)
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.