Supreme Court of India

Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr.

Neutral citation

Reported as [2010] 12 S.C.R. 1165

Bench D.K. Jain and H.L. Dattu JJ.

Decided 29 October 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

24 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, the appeal is allowed, and the impugned order is set aside.

Judgment, page 8

From the headnote

Code of Criminal Procedure, 1973: s.439 - Bail - Factors to be taken into account while c considering an application for bail - Explained - HELD: In the instant case, the High Court completely lost sight of the basic principles - In the circumstances, it was not the stage at which bail u/s 439 should have been granted to the accused more so when even charges were not framed - Order of High 0 Court set aside. Respondent no. 1 was accused of committing murder of an old widow by strangulation. His bail applications were rejected by the Additional Chief Judicial Magistrate as also the Court of

Authorities it was built on

2002 Ram Govind Upadhyay v. Sudarshan Singh and Ors. cited by 53
2005 State through C.B.I. v. Amarmani Tripthi cited by 36
2001 Prahlad Singh Bhat v. N.C. T., Delhi and Anr. cited by 17
2005 Panchanan Mishra v. Digambar Mishra and Ors. cited by 14

Where later benches applied it

2025 State of Karnataka v. Sri Darshan Etc. relied on
2024 Ramayan Singh v. State of Uttar Pradesh & Anr. relied on
2023 Ms. X v. The State of Maharashtra and Another relied on
2022 Imran v. Mr. Mohammed Bhava & Anr relied on
2022 Ms.y v. State of Rajasthan and Anr. relied on
2022 Centrum Financial Services Limited v. State of Nct of Delhi and Anr. relied on
2022 Ishwarji Nagaji Mali v. State of Gujarat and Another relied on
2021 Union of India through Narcotics Control Bureau, Lucknow v. Md. Nawaz Khan relied on
2021 Sudha Singh v. The State of Uttar Pradesh & Anr. relied on
2021 The State of Kerala v. Mahesh relied on
2019 Mahipal v. Rajesh Kumar @ Polia & Anr. relied on
2017 Virupakshappa Gouda and Another v. The State of Karnataka and Another relied on
2013 Ranjit Singh v. State of M.P. and Others relied on
2024 Ajwar v. Waseem and Another referred to
2023 Bhagwan Singh v. Dilip Kumar @ Deepu @ Depak and Another referred to
2022 State of West Bengal v. Rakesh Singh @ Rakesh Kumar Singh referred to
2022 Deepak Yadav v. State of U.P. & Anr referred to
2022 Meena Devi v. The State of U.P. and Another referred to
2022 Ms. P v. The State of Madhya Pradesh and Another referred to
2021 Ramesh Bhavan Rathod v. Vishanbhai Hirabhai Makwana Makwana (koli) & Anr. referred to
2020 Arnab Manoranjan Goswami v. The State of Maharashtra & Ors. referred to
2015 Neeru Yadav v. State of U.P. and Anr. referred to
2012 Ash Mohammad v. Shiv Raj Singh @ Lalla Babu and Anr. referred to
2018 Seema Singh v. Central Bureau of Investigation & Anr. not applicable

Of those, 13 relied on · 10 referred to · 1 not applicable

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