VASANTHI versus STATE OF A.P.

VASANTHI versus STATE OF A.P.

Since the confessional statements are not admissible and the remaining material does not justify denial of bail under Section 21(4), the probability of conviction is not bright. Therefore, bail should be granted applying the probability test.

Parties
Appellant: Vasanthi; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
04 May 2005
Procedural Posture
Criminal Appeal / Supreme Court Appellate Disposition
Outcome
appeal allowed; bail granted
Legal Topics
Bail, Organised Crime, Confessional Statements
Criminal Law Bail Organised Crime Confessional Statements

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Parties

Vasanthi

Appellant

State of Andhra Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appellate Disposition

Legal Issues

  1. 1 Whether bail can be granted to an accused charged under the Andhra Pradesh Control of Organised Crime Act, 2001 in light of confessional statements and Section 21(4) restrictions

Ratio Decidendi

Since the confessional statements are not admissible and the remaining material does not justify denial of bail under Section 21(4), the probability of conviction is not bright. Therefore, bail should be granted applying the probability test.

Court Disposition

appeal allowed; bail granted

Orders

  • Order of the High Court set aside
  • Appellant to be released on bail upon furnishing personal bond of Rs. 20,000 and a surety for a like sum to the satisfaction of the 1st Addi.Metropolitan Sessions Judge, Hyderabad