VIKRAM NATH, SANJAY KUMAR
Jadunath Singh – Appellant
Versus
Arvind Kumar – Respondent
JUDGMENT :
VIKRAM NATH, J.
Leave granted.
2. These appeals arise from a Common Order passed by Allahabad High Court on 08.02.2023 while adjudicating three Criminal Appeals- Criminal Appeal No. 5033 of 2019 (Arvind Kumar vs State of U.P.), Criminal Appeal No. 5100 of 2019 (Chandra Kumar @ Chandu vs State of U.P.) and Criminal Appeal No. 5102 of 2019 (Rishi Kumar vs State of U.P.). The Applicants had sought for suspension of sentence and grant of bail through these Appeals on the primary ground that they are in jail for more than ten years. Also, two co-accused Pramod Kashyap and Adesh Kumar had been granted bail by coordinate bench of same High Court. By the Impugned order, the three Applicants- Arvind Kumar, Chandra Kumar @ Chandu and Rishi Kumar were granted bail during the pendency of their Criminal appeals, with condition of furnishing a personal bond in the sum of Rs.50,000/- each (Fifty Thousand) along with two sureties. Appellant is the Complainant and has challenged the order of granting bail through these appeals.
3. The three Applicants have filed separate Criminal Appeals before High Court against order of Sessions Court dated 06.06.2019 whereby total five Accused namely, Arv
An undeserving bail order cannot be allowed to stand.
(1) Once bail has been granted it would require overwhelming circumstances for its cancellation.(2) Bail can be revoked by a superior court when previous court granting bail has ignored relevant mate....
Bail – Provision for being released on bail draws appropriate balance between public interest in administration of justice and protection of individual liberty pending adjudication of case. Grant of ....
The cancellation of bail granted to an accused will have an impact on the bail granted to co-accused also.
(1) Bail – Order granting bail in a mechanical manner, without recording reasons, would suffer from vice of non-application of mind, rendering it illegal.(2) Court deciding bail application cannot co....
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