POKAR RAM versus STATE OF RAJASTHAN AND ANR

POKAR RAM versus STATE OF RAJASTHAN AND ANR

No case was made out for grant of anticipatory bail in a serious case of murder, especially when the Sessions Judge did not consider relevant factors and issued the order on irrelevant considerations. The grant of anticipatory bail, if allowed to stand, would undermine public faith in justice and investigation; such an order must be set aside to prevent miscarriage of justice.

Parties
Appellant: Pokar Ram; Respondents: State of Rajasthan and Anr
Jurisdiction
India
Judgment Date
17 April 1985
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order Denying Cancellation of Anticipatory Bail
Outcome
Appeal allowed. Order granting anticipatory bail to respondent quashed and set aside.
Legal Topics
Anticipatory Bail, Cancellation of Bail
Criminal Law Criminal Procedure Anticipatory Bail Cancellation of Bail

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Parties

Pokar Ram

Appellant

State of Rajasthan and Anr

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order Denying Cancellation of Anticipatory Bail

Legal Issues

  1. 1 What are the relevant considerations for the grant or cancellation of anticipatory bail under Section 438 CrPC?
  2. 2 Was the grant of anticipatory bail to the accused in this case justified?

Ratio Decidendi

No case was made out for grant of anticipatory bail in a serious case of murder, especially when the Sessions Judge did not consider relevant factors and issued the order on irrelevant considerations. The grant of anticipatory bail, if allowed to stand, would undermine public faith in justice and investigation; such an order must be set aside to prevent miscarriage of justice.

Court Disposition

Appeal allowed. Order granting anticipatory bail to respondent quashed and set aside.

Orders

  • The order dated September 30, 1983 granting anticipatory bail to respondent Chandan Singh is quashed and set aside.
  • The bond furnished by the respondent is cancelled.