At the outset, it is to be pointed out that the Sessions Court considered both framing of charges and also grant of bail to Accused Anil Kumar Yadav by way of a common order. On 27.02.2017, charges were framed against all the Accused and bail was granted to Appellant Anil Kumar Yadav. Insofar as framing of charges, in a case before the Sessions Court, Under Section 228 of the Code of Criminal Procedure, the court is required to consider "whether there is ground for presuming that the Accused has committed an offence....." and then Court shall frame in writing a charge against the Accused. For grant of bail, the court is required to consider several other factors. The considerations for framing of charge and grant of bail are different. It was stated by the Bar that by and large this is the procedure followed in Delhi. We may however indicate that it is not desirable to frame charge and grant bail by way of a common order.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1938 of 2017.
Decided On: 14.11.2017
Anil Kumar Yadav and Ors. Vs. State (NCT) of Delhi and Ors.
Hon'ble Judges/Coram:
Kurian Joseph and R. Banumathi, JJ.
Citation: (2018) 12 SCC129
