Jayendra Saraswathi Swamigal vs State Of Tamil Nadu on 10 January, 2005
The learned counsel for the respondent further contended that this
Court in Jayendra Saraswathi's case (supra) having not agreed with
the law laid down in Kalyan Chandra Sarkar (II) ought to have
overruled the said judgment in Kalyan Chandra Sarkar (II). We
consider this as an argument of desperation. In Kalyan Chandra
Sarkar II there has been no declaration of any law made as such. This
Court only applied the requirement of Section 437(1)(i) of Cr.P.C. to
the facts of the case and came to the conclusion that there was prima
facie case against the respondent, hence, cancelled his bail.