PREET PAL SINGH versus THE STATE OF UTTAR PRADESH & ANR.

PREET PAL SINGH versus THE STATE OF UTTAR PRADESH & ANR.

The High Court erred in granting bail under Section 389 CrPC without recording reasons and without identifying any patent infirmity in the Sessions Court's conviction; post-conviction suspension of sentence requires strong and compelling reasons based on prima facie merits of the appeal, which were not shown here,...

Source-derived case information.

Parties
Appellant: Preet Pal Singh; Respondent: State of Uttar Pradesh; Respondent: Sandeep Singh Hora
Jurisdiction
India
Judgment Date
14 August 2020
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Granting Bail Under Section 389 Cr PC (post Conviction)
Outcome
Appeal allowed; impugned High Court order granting bail set aside
Legal Topics
Bail, Suspension of Sentence, Dowry Death, Section 304 B IPC
Criminal Procedure Criminal Law Dowry Prohibition Bail Suspension of Sentence Dowry Death Section 304 B IPC

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Parties

Preet Pal Singh

Appellant

State of Uttar Pradesh

Respondent

Sandeep Singh Hora

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Granting Bail Under Section 389 Cr PC (post Conviction)

Legal Issues

  1. 1 Whether the High Court was justified in granting bail under Section 389 CrPC after conviction
  2. 2 Principles and standard to be applied for grant of post-conviction bail/suspension of sentence
  3. 3 Whether evidence before the Trial Court attracted Section 304B IPC (dowry death)

Ratio Decidendi

The High Court erred in granting bail under Section 389 CrPC without recording reasons and without identifying any patent infirmity in the Sessions Court's conviction; post-conviction suspension of sentence requires strong and compelling reasons based on prima facie merits of the appeal, which were not shown here, and therefore the High Court's order was set aside and the convict directed to surrender.

Court Disposition

Appeal allowed; impugned High Court order granting bail set aside

Orders

  • Impugned order of the High Court dated 21.01.2019 set aside
  • Respondent No.2 Sandeep Singh Hora directed to surrender for being taken into custody