Back
SANJAY KAROL, AHSANUDDIN AMANULLAH
State of Rajasthan – Appellant
Versus
Indraj Singh – Respondent
JUDGMENT :
SANJAY KAROL, J.
1. Leave granted.
2. These appeals question the correctness of the final judgment and order dated 8th May 2024 passed by the High Court of Judicature at Rajasthan (Bench at Jaipur), in S.B. Criminal Miscellaneous Bail Application No. 3348/2024 and S.B. Criminal Miscellaneous Bail Application No. 4789/2024 titled Indraj Singh vs. State of Rajasthan and Salman Khan vs. State of Rajasthan, respectively. The State is aggrieved by the order of the High Court granting bail to the above named accused in connection with FIR No. 009 dated 28th February 2024 at PS-Special Police Station (SOG) District - ATS or MOG under Sections 419, 420, 467, 468 and 120B of Indian Penal Code, 1860 and Sections 3 and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022.
3. The facts lie in a narrow compass. Per the First Information Report, it is alleged that the Respondent (Indraj Singh) had compromised the sanctity of a public recruitment examination conducted by the Government, i.e. Assistant Engineer Civil (Autonomous Governance Department) Competitive Examination-2022. Another candidate had allegedly appeared as a “dummy candidate” in place of respondent
(1) Bail – There exists difference between setting aside order of bail and cancellation of bail – Considerations by High Court of lack of criminal antecedents and period of custody are perfectly vali....
The court emphasized that bail should be denied if the accused's conduct poses a risk to the judicial process, particularly in cases involving serious offences and repeated criminal activity.
The court ruled that bail can be cancelled if the accused engages in further criminal conduct post-release, reflecting a disregard for the law.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering factors such as the nature of the offense, severity of punishment, an....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
(1) Bail – Accused or applicant seeking bail is under solemn obligation to make fair, complete and candid disclosure of all material facts having direct bearing on exercise of judicial discretion – A....
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
