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DIPANKAR DATTA, MANMOHAN
Kailash Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent
ORDER :
1. Leave granted.
2. The High Court by the impugned judgment and order dated 03rd January, 2025 has cancelled the bail granted to the appellant by the Sessions Court by its order dated 28th August, 2024.
3. It is not in dispute that the appellant, figuring as an accused in FIR No.51 dated 04th June, 2022 registered at Police Station Kot-Kehloor, District Bilaspur, Himachal Pradesh for alleged commission of offences punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, was arrested on 04th June, 2022.
4. The allegation against the appellant appears to be that he had given an axe blow on the head of the complainant-PW1.
5. After framing of charges, the trial has commenced. The prosecution proposes to examine 43 witnesses of whom evidence of 17 witnesses has been recorded till date.
6. Having suffered incarceration for two years, the appellant had applied for bail before the Sessions Court. Recording reasons in paragraphs 9 and 11 of its order dated 28th August, 2024, the Sessions Court granted the appellant bail on terms and conditions mentioned therein.
7. The complainant-PW1 thereafter successfully moved the High Court seeking cancellation of bail.
8. We
Bail – Liberty of an individual being a precious right under Constitution, Courts ought to be wary that such liberty is not lightly interfered.
The judgment emphasizes the importance of the district judiciary's independence in considering bail applications and highlights the appropriateness of the Trial Judge's exercise of discretion to gran....
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
Bail – Criminal antecedents of appellants by themselves cannot constitute a ground for denial of bail – Cancellation/revocation of bail seeks to uphold trial integrity.
A court may cancel bail granted only when serious misconduct or irrelevant factors are proven, and sufficient judicial reasoning is required for such actions.
Cancellation of bail requires cogent evidence of supervening circumstances; mere allegations are insufficient.
Cancellation of bail should be treated differently from a bail application and should only be cancelled if strong and compelling reasons exist, as established by legal precedents and guidelines.
Bail once granted should not be cancelled without cogent reasons and must consider supervening circumstances.
A bail cancellation application cannot be pursued in the High Court after the Sessions Court has rejected it; such challenges must follow appropriate procedural avenues and respect distinctions in la....
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