Supreme Court of India
P Krishna Mohan Reddy v. The State of Andhra Pradesh
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What the Court ordered
We are of the considered opinion that such a confession if any cannot be looked into at the stage of anticipatory bail or even regular bail for the following reasons: - (i) Before a confession is taken into consideration against a co- accused, the said confession has to be duly proved against the maker.
Judgment, page 17
From the headnote
Issue for Consideration Whether the statement of an accused u/s.161, Cr.P. implicating co-accused can be looked into qua such co-accused at the stage of anticipatory bail or regular bail; whether the High Court exercised its discretion in a judicious manner while declining to grant anticipatory bail to the petitioners. Headnotes† Code of Criminal Procedure, 1973 – s.161 – Evidence Act, 1872 – ss.30, 17, 21, 24-29, 145 – High Court denied anticipatory bail to the Petitioners relying on the confessional statements made by co-accused persons during interrogation holding that such disclosure
Authorities it was built on
- 2005 State (n.c.t. of Delhi) v. Navjot Sandhu@afsan Guru
- 2002 Mohd. Khalid v. State of West Bengal
- 1978 Nandini Satpathy v. Dani (p.l.) and Anr.
- 1998 Suresh Budharmal Kalani v. State of Maharashtra
- 2019 Dipakbhai Jagdishchandra Patel v. State of Gujarat and Another
- 2004 K. Hashim v. State of Tamil Nadu
- 1972 Mahabir Mandal and Others v. State of Bihar
- 1952 Kashmira Singh v. State of Madhya Pradesh
- 1997 Sahib Singh v. State of Haryana
- 2022 Sumitha Pradeep v. Arun Kumar C.k & Anr.
- 2003 The Government of Nct of Delhi v. Jaspal Singh
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