State rep. by the Inspector of Police v. M. Murugrsan and Anr., AIR 2020 SC 514

Topic: Bail and Personal Liberty

Court: Supreme Court of India

Issue: Whether the High Court can issue directions to the state for reforming the criminal justice system, while deciding the bail  application u/s 439 Cr.P.C.?

Held: The jurisdiction of the court under section 439 Cr.P.C. is limited to grant or not to grant bail pending trial. The Court cannot retain the file after the grant of bail to the accused. Directions to state to constitute the committee for reforming the criminal justice system was held to be beyond the perview of powers u/s 439 Cr.P.C.

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