SAMUNDER SINGH versus STATE OF RAJASTHAN & OTHERS

SAMUNDER SINGH versus STATE OF RAJASTHAN & OTHERS

It was not prudent or proper for the High Court to have granted anticipatory bail while an investigation into a serious and unnatural death was ongoing, as such an order may occasion prejudice by its timing; the High Court should allow the concerned Magistrate to decide bail on the basis of material available at the time of arrest.

Parties
Petitioner: Samunder Singh; Respondents: State of Rajasthan & Others
Jurisdiction
India
Judgment Date
12 January 1987
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Anticipatory Bail
Outcome
Appeal dismissed as infructuous
Legal Topics
Anticipatory Bail, Unnatural Death, Dowry Death

Case Brief

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Parties

Samunder Singh

Petitioner

State of Rajasthan & Others

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Granting Anticipatory Bail

  1. 1 Whether the High Court was correct in granting anticipatory bail during an ongoing investigation in a case involving the unnatural death of a daughter-in-law

Ratio Decidendi

It was not prudent or proper for the High Court to have granted anticipatory bail while an investigation into a serious and unnatural death was ongoing, as such an order may occasion prejudice by its timing; the High Court should allow the concerned Magistrate to decide bail on the basis of material available at the time of arrest.

Court Disposition

Appeal dismissed as infructuous