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Supreme Court of India 2019-01-28 allowed

Rameshwar Yadav vs State of Bihar

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Rameshwar Yadav was arrested under the Arms Act, 1959 and applied for bail. The High Court granted bail but imposed a condition that release occur only after nine months of custody. The Supreme Court held this deferment unsustainable as no reasons were provided for the nine-month postponement. The Court set aside the deferment condition and ordered immediate release on bail with other conditions (bond and sureties) intact. The judgment emphasizes that bail orders must be reasoned; arbitrary deferment without legal justification is impermissible.

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Criminal Procedure Bail Arms Act Judicial Discretion

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