Judgments
Judgments
  1. Home
  2. /
  3. Supreme Court Of India
  4. /
  5. 2009
  6. /
  7. January

Md Jabir @ Jhabo vs State Of Bihar

Supreme Court Of India|09 November, 2009
|

JUDGMENT / ORDER

Summary

Issue: Whether the appellant is entitled to bail pending appeal in the case of Arms Act conviction
Rule: Section 439 of the Code of Criminal Procedure (CrPC) and the Supreme Court's previous judgments on bail pending appeal
Application: The court considered the fact that the appellant has already undergone 3 years of imprisonment and the appeal is still pending before the High Court. The court noted that the High Court refused to grant bail to the appellant, despite the fact that he has been in custody for a significant period.
Conclusion: Based on the application of Section 439 of the CrPC and the Supreme Court's previous judgments on bail pending appeal, the court held that the appellant is entitled to bail.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2071 OF 2009 (@ SLP(CRL.)NO.7665 OF 2009) MD. JABIR @ JHABO ... APPELLANT(S) VERSUS STATE OF BIHAR ... RESPONDENT(S) O R D E R Leave granted. Heard both sides.
The appellant has been convicted for the offence committed under the Arms Act and was sentenced to undergo five years imprisonment. We are told that he had already undergone 3½ years imprisonment and the appeal is still pending before the High Court. Even then the High Court refused to grant bail, pending appeal. We direct that the appellant be released on bail on executing bail bonds to the satisfaction of Fast Track Court NO.2, Munger in Patna, Bihar, pending appeal before the High Court.
Criminal Appeal is disposed of accordingly.
. CJI (K.G. BALAKRISHNAN) . J.
(P. SATHASIVAM) NEW DELHI;
9TH NOVEMBER, 2009
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Md Jabir @ Jhabo vs State Of Bihar

Court

Supreme Court Of India

JudgmentDate
09 November, 2009
Judges
  • K G Balakrishnan
  • P Sathasivam