PANFUL NESSA versus MD. MIRAJ ALI AND ORS.

PANFUL NESSA versus MD. MIRAJ ALI AND ORS.

High Court erred by directing release on bail in a petition under s.482 Cr.P.C. without considering merits; its jurisdiction under s.482 does not extend to grant bail in the manner done.

Parties
Appellant: Panful Nessa; Respondent: Md. Miraj Ali; Respondent: Arna Das; Respondent: Shakeel Ahmad; Respondent: J.R. Luwang; Respondent: Momota Oimam; Respondent: Mis. Corporate Law Group
Jurisdiction
India
Judgment Date
09 July 2008
Procedural Posture
Criminal Appeal / Appeal From Order of Gauhati High Court in Criminal Petition No. 116/2006
Outcome
Appeal allowed; direction for bail to respondents 1 to 9 set aside
Legal Topics
Quashing of Proceedings, Non Bailable Warrants, Bail, Absconding Accused, Jurisdiction Under S.482 Cr.p.c.
Criminal Law Quashing of Proceedings Non Bailable Warrants Bail Absconding Accused Jurisdiction Under S.482 Cr.p.c.

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Parties

Panful Nessa

Appellant

Md. Miraj Ali

Respondent

Arna Das

Respondent

Shakeel Ahmad

Respondent

J.R. Luwang

Respondent

Momota Oimam

Respondent

Mis. Corporate Law Group

Respondent

Procedural Posture

Criminal Appeal / Appeal From Order of Gauhati High Court in Criminal Petition No. 116/2006

Legal Issues

  1. 1 Whether High Court was correct in directing release of absconding accused on bail under s.482 Cr.P.C.
  2. 2 Whether merits of the case were considered for grant of bail

Ratio Decidendi

High Court erred by directing release on bail in a petition under s.482 Cr.P.C. without considering merits; its jurisdiction under s.482 does not extend to grant bail in the manner done.

Court Disposition

Appeal allowed; direction for bail to respondents 1 to 9 set aside

Orders

  • Direction to release respondents 1 to 9 on bail set aside
  • Respondents to appear before trial court; any bail application to be considered afresh by concerned court