STATE OF U.P. versus JAIRAM ETC.

STATE OF U.P. versus JAIRAM ETC.

A Single Judge erred in granting interim bail to detenus when the petitions were listed before a Division Bench without any pressing or unique reason. Detenus under preventive detention cannot be released on bail as a matter of common practice; considerations for punitive detention do not apply.

Parties
Appellant: State of U.P.; Respondent: Jairam etc.
Jurisdiction
India
Judgment Date
01 December 1981
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Preventive Detention, Bail, Habeas Corpus, Jurisdiction of High Court
Criminal Law Constitutional Law Preventive Detention Bail Habeas Corpus Jurisdiction of High Court

Case Brief

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Parties

State of U.P.

Appellant

Jairam etc.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of Allahabad High Court

Legal Issues

  1. 1 Whether High Court can release a detenu on bail on considerations applicable to punitive detention cases
  2. 2 Whether the Single Judge acted properly in granting interim bail when petitions were pending before a Division Bench

Ratio Decidendi

A Single Judge erred in granting interim bail to detenus when the petitions were listed before a Division Bench without any pressing or unique reason. Detenus under preventive detention cannot be released on bail as a matter of common practice; considerations for punitive detention do not apply.

Court Disposition

Appeal allowed

Orders

  • Order of bail passed by Single Judge is set aside
  • Respondents to be taken into custody forthwith