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Supreme Court of India 2019-07-30 allowed

Bharatbhai Bhimabhai Bharwad vs State of Gujarat and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this criminal appeal, the appellant challenged the High Court's order granting bail to respondents accused of offences under the Indian Penal Code. The Supreme Court found that the High Court had erroneously treated the application as one for cancellation of bail based on breach of conditions, rather than recognizing it as a challenge to the grant of bail itself based on arbitrary exercise of discretion. The Court set aside the High Court's order and remitted the matter for fresh consideration on the proper legal footing, requiring the High Court to examine whether relevant materials were properly considered in granting bail.

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Bail Criminal Procedure Discretionary Power

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