RAM PRAKASH PANDEY versus STATE OF U.P. AND ANR.

RAM PRAKASH PANDEY versus STATE OF U.P. AND ANR.

High Court's order granting bail to respondent No. 2, a life convict accused of committing another murder while on bail, was made in a cursory manner and ignored Section 437 of CrPC. As reasonable grounds for believing that respondent No. 2 had not committed the offence were absent and no special reasons for bail...

Source-derived case information.

Parties
Appellant: Ram Prakash Pandey; Respondent: State of U.P.; Respondent: Respondent No. 2 (unnamed)
Jurisdiction
India
Judgment Date
31 August 2001
Procedural Posture
Civil Appeal / Appeal Against Grant of Bail by Allahabad High Court
Outcome
appeal allowed
Legal Topics
Bail, Life Imprisonment, Section 437 Cr PC, Murder, Grant of Bail to Convict Pending Appeal
Criminal Law Bail Life Imprisonment Section 437 Cr PC Murder Grant of Bail to Convict Pending Appeal

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Parties

Ram Prakash Pandey

Appellant

State of U.P.

Respondent

Respondent No. 2 (unnamed)

Respondent

Procedural Posture

Civil Appeal / Appeal Against Grant of Bail by Allahabad High Court

Legal Issues

  1. 1 Whether a life convict, accused of committing another murder while on bail pending appeal, can be granted bail under Section 437 of the Code of Criminal Procedure, 1973

Ratio Decidendi

High Court's order granting bail to respondent No. 2, a life convict accused of committing another murder while on bail, was made in a cursory manner and ignored Section 437 of CrPC. As reasonable grounds for believing that respondent No. 2 had not committed the offence were absent and no special reasons for bail were indicated, bail should not have been granted.

Court Disposition

appeal allowed

Orders

  • Order of Allahabad High Court granting bail to Respondent No. 2 set aside.
  • Respondent No. 1 (State of U.P.) directed to ensure Respondent No. 2 is taken into custody forthwith.