Supreme Court Grants Bail: No Use of Blunt Weapon in Crime
In a recent landmark decision, the Supreme Court of India granted interim protection and set important precedents for bail in the case of Kahana Ram vs. The State of Punjab. The judgment, delivered by HON’BLE MR. JUSTICE SANJIV KHANNA and HON’BLE MR. JUSTICE S.V.N. BHATTI, carries significant implications for criminal proceedings.
“No arrest until next hearing.” This decision came after considering various factors, including the nature of the injuries, the absence of sharp or blunt weapons in the crime, and Kahana Ram’s objections to a construction project. The Court emphasized cooperation with the investigation and imposed specific terms and conditions.
The judgment cited Sections 365, 323, 342, 379B, 506, 34, and 120B of the Indian Penal Code, 1860, along with Section 3 of the Prevention of Damage to Public Property Act, 1984, and Section 438(2) of the Code of Criminal Procedure, 1973. It also referred to Article 21 of the Indian Constitution, underlining the importance of personal liberty.
The decision sets the precedent for interim protection and bail in similar cases, providing clear guidelines for when arrests should and should not be made. It emphasizes the need for cooperation with investigations while safeguarding individual rights and personal liberty.
Date of Decision: SEPTEMBER 27, 2023
KAHANA RAM vs THE STATE OF PUNJAB
