SATWANT SINGH versus MALKEET SINGH

SATWANT SINGH versus MALKEET SINGH

In the facts of the case, there was no wilful or deliberate attempt to violate the Court order, and the unconditional apology tendered by the appellant was sincere and genuine; therefore, the conviction and sentence are set aside.

Parties
Appellant: Satwant Singh; Respondent: Malkeet Singh
Jurisdiction
India
Judgment Date
20 July 2017
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal
Outcome
Appeal allowed; conviction and sentence set aside.
Legal Topics
Civil Contempt, Anticipatory Bail, Section 438 Cr.p.c., Section 307 IPC
Contempt of Court Criminal Law Civil Contempt Anticipatory Bail Section 438 Cr.p.c. Section 307 IPC

Case Brief

Summary, issues, holding and outcome

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Parties

Satwant Singh

Appellant

Malkeet Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal

Legal Issues

  1. 1 Whether the appellant committed civil contempt by arresting the respondent after addition of charge under Section 307 IPC subsequent to grant of anticipatory bail under Section 438 Cr.P.C.
  2. 2 Whether the unconditional apology tendered by the appellant should be accepted.

Ratio Decidendi

In the facts of the case, there was no wilful or deliberate attempt to violate the Court order, and the unconditional apology tendered by the appellant was sincere and genuine; therefore, the conviction and sentence are set aside.

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • The conviction and sentence imposed on the appellant are set aside.
  • The unconditional apology tendered is accepted.