Supreme Court Grants Bail in Criminal Appeal — Conditions Imposed Under Section 438 CrPC. The court made its earlier order absolute, ensuring compliance with bail conditions under Section 438 of the Criminal Procedure Code, 1973.

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Case Note & Summary

The case involved an appeal by Purushottam Meena against the State of Bihar concerning the grant of bail. The Supreme Court of India, in its order dated March 22, 2013, reviewed the peculiar facts and circumstances surrounding the case. The appellant sought relief from coercive action, which was initially granted by the court on January 9, 2012, with a notice issued to the respondents. Upon reviewing the records, the court decided to make the earlier order absolute, thereby granting bail to the appellant under the conditions outlined in Section 438 of the Criminal Procedure Code, 1973. The court emphasized the necessity for the appellant to comply with these conditions as part of the bail grant. The appeal was disposed of accordingly, affirming the court's decision to allow bail while ensuring adherence to the stipulated conditions.

Headnote

A) Criminal Procedure - Bail - Conditions for Granting Bail - Section 438 Criminal Procedure Code, 1973 - The court granted bail to the appellant while imposing conditions as stipulated under Section 438 of the Criminal Procedure Code, 1973. The court made its earlier order absolute, ensuring that the appellant abides by the specified conditions. Held that the appellant is entitled to bail under the specified conditions (Paras 1-4).

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Issue of Consideration

Whether the appellant is entitled to bail under Section 438 of the Criminal Procedure Code, 1973.

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Final Decision

The Supreme Court granted bail to the appellant under Section 438 of the Criminal Procedure Code, 1973, making the earlier order absolute and imposing conditions for compliance.

Law Points

  • Bail
  • Conditions
  • Criminal Procedure Code
  • 1973
  • Section 438
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Case Details

2013 LawText (SC) (03) 58

Criminal Appeal No. 501 of 2013 (Special Leave Petition (Crl.) No. 9519 of 2011)

2013-03-22

H.L. Dattu, Jagdish Singh Khehar

Purushottam Meena

State of Bihar & ANR.

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Nature of Litigation

Criminal appeal concerning bail.

Remedy Sought

The appellant sought bail from the Supreme Court.

Filing Reason

The appellant sought relief from coercive action.

Previous Decisions

An earlier order was made on January 9, 2012, granting interim relief.

Issues

Entitlement to bail under Section 438 of the Criminal Procedure Code, 1973

Submissions/Arguments

The appellant's counsel argued for bail under Section 438. The state did not oppose the bail application.

Ratio Decidendi

The court held that the peculiar facts warranted the grant of bail under the conditions specified in Section 438 of the Criminal Procedure Code, 1973.

Judgment Excerpts

We have heard learned counsel for the petitioner. The Criminal Appeal is disposed of accordingly.

Procedural History

The Supreme Court issued notice on January 9, 2012, and granted interim relief. The court reviewed the case and made its order absolute on March 22, 2013.

Acts & Sections

  • Criminal Procedure Code, 1973: 438
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