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SHANTI DEVI v. THE STATE OF MADHYA PRADESH THROUGH INCHARGE POLICE STATION ALAMPUR

Supreme Court of India | Diary 10184/2018

Status

ROP - of Main Case

Decided On

27-03-2018

Bench

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL and HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Petitioner

SHANTI DEVI

Respondent

THE STATE OF MADHYA PRADESH THROUGH INCHARGE POLICE STATION ALAMPUR

Primary Holding

When an accused surrenders before the trial court and applies for bail with advance notice to the public prosecutor, the court must consider such application independently on merits, uninfluenced by adverse observations in prior orders.

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Full Judgment Text

ITEM NO.17 COURT NO.11 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2627/2018 (Arising out of impugned final judgment and order dated 25-01-2018 in MCRC No. 27606/2018 passed by the High Court Of M.p At Gwalior) SHANTI DEVI Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (IA No.42245/2018-EXEMPTION FROM FILING O.T.) Date : 27-03-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Adarsh Tripathi, Adv. Mr. Abhay Gupta, Adv. Mr. Gaurav Srivastava, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The special leave petition is disposed of with the direction that if the petitioner surrenders before the concerned Court within a period of two weeks from today and moves an application for bail with at least one day advance notice to the public prosecutor, the trial Court may consider and decide the application for bail without being influence by the observation in the impugned order as far as possible on the same date, in accordance with law. Pending applications, if any, are also stand disposed of. (SWETA DHYANI) (PARVEEN KUMARI PASRICHA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

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