SANJAY DUTT versus STATE OF MAHARASHTRA

SANJAY DUTT versus STATE OF MAHARASHTRA

Given the Review Committees' review, CBI's policy of no objection, and rational categorisation placing appellant in the group deserving bail, the Designated Court's refusal was not justified. Bail is ordered with specified conditions.

Parties
Appellant: Sanjay Dutt; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
16 October 1995
Procedural Posture
Criminal Appeal / Appeal Against Rejection of Bail by Designated Court
Outcome
Appeal allowed; appellant granted bail.
Legal Topics
Bail, Terrorists and Disruptive Activities (prevention) Act, Criminal Procedure
Criminal Law Bail Terrorists and Disruptive Activities (prevention) Act Criminal Procedure

Case Brief

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Parties

Sanjay Dutt

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Rejection of Bail by Designated Court

Legal Issues

  1. 1 Whether bail should be granted to the appellant under TADA and Arms Act considering Review Committee recommendations and prosecution's lack of objection.

Ratio Decidendi

Given the Review Committees' review, CBI's policy of no objection, and rational categorisation placing appellant in the group deserving bail, the Designated Court's refusal was not justified. Bail is ordered with specified conditions.

Court Disposition

Appeal allowed; appellant granted bail.

Orders

  • Appellant shall be released on bail on furnishing a bond of Rs. 5 lakhs with two sureties each of like amount to the satisfaction of the Designated Court.
  • Appellant shall surrender his passport immediately after release.