Case Note & Summary
The case involved an appeal by the appellant against the State of Gujarat concerning the cancellation of bail. The appellant had been granted bail on 20/08/1999, which was later cancelled on 14/09/2007 due to his absence on a single occasion. The appellant sought interim bail while the appeal was pending. The Supreme Court condoned the delay in the appeal process and permitted the appellant to be released on interim bail under the same terms and conditions as previously granted. The court emphasized that the absence on one day did not justify the cancellation of bail, thus allowing the appellant's release. The other two appeals were also acknowledged, with notice issued for them to be returned in four weeks. The decision was made by Justices Altamas Kabir and Markandey Katju on April 16, 2008.
Headnote
A) Criminal Law - Bail - Interim Bail - Grant of interim bail on previous terms - Criminal Procedure Code, 1973, Section Not mentioned - The court considered the appellant's previous bail status and the reason for cancellation, allowing interim bail under the same conditions as before. Held that the appellant's absence on one day did not warrant continued detention (Paras Not mentioned).
Issue of Consideration
Whether the appellant should be granted interim bail after cancellation due to absence.
Final Decision
The Supreme Court granted interim bail to the appellant on the same terms as previously granted, emphasizing that the absence on one day did not warrant continued detention.
Law Points
- Bail
- Interim Bail
- Delay Condonation
