Karnataka HC Notices Sri Lankan Judge's Rights Plea
07 Mar 2026
Karnataka Proposes Social Media Ban for Under-16s
07 Mar 2026
Justice Dharmadhikari Sworn In as 55th Madras HC Chief Justice
07 Mar 2026
Punjab HC Acquits Ram Rahim in Journalist Murder
07 Mar 2026
Appellate Courts Can Rely on Unexhibited Public Documents Produced by Plaintiff: Gujarat High Court Dismisses Second Appeal Under Section 100 CPC
07 Mar 2026
Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
VIKRAM NATH, SANDEEP MEHTA
Victim ‘X’ – Appellant
Versus
State of Bihar – Respondent
Headnote: Read headnote
JUDGMENT :
Mehta, J.
1. Heard.
2. Leave granted.
3. This appeal by special leave emanates from the order dated 18th January, 2024, passed by the learned Single Judge of the High Court of Judicature at Patna1[Hereinafter referred to as the “High Court”.] whereby, the appeal preferred by respondent No.2-accused2[Hereinafter referred to as the “respondent No.2”] under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19893[Hereinafter referred to as the “SC/ST Act”] was allowed and she was granted bail in connection with Mahila P.S. Case No. 17 of 2022 registered for the offences punishable under Sections 341, 323, 328, 376, 120- B read with Section 34 of the Indian Penal Code, 18604[Hereinafter referred to as the “IPC”] and Sections 3/4 of the Immoral Traffic (Prevention) Act, 19565[Hereinafter referred to as the “IT Act”] and Sections 3(1)(w)/3(2)(va) of the SC/ST Act. The appellant-victim herein is the informant in the said FIR.
4. The prosecution case a
Grant of bail – Bail once granted should not be cancelled ordinarily, but Courts are not powerless and are expected to exercise jurisdiction conferred by law to cancel undeserving bail orders so as t....
(1) Grant of bail – Cancellation of bail on the ground of violation of Section 15A(5) of SC/ST Act, 1989 is justified only in cases where no notice of bail proceedings was served upon victim, victim ....
The main legal point established in the judgment is the necessity for supervening circumstances or allegations of misuse of liberty to entertain an application for cancellation of bail, and the limit....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Cancellation of anticipatory bail – It is only in a case where there are any supervening circumstances or allegations of misuse of liberty, then application for cancellation of bail can be entertaine....
The Special Court under the SC/ST (POA) Act is empowered to cancel bail granted by the High Court for violating bail conditions as per Section 439(2) of the Cr.P.C.
Violation of bail conditions, especially through further criminal activity, justifies cancellation of bail under Section 439(2) of the Cr.P.C.
The court reaffirmed that bail once granted should not be cancelled unless there are cogent reasons, and the absence of arrest during investigation can weigh favorably in granting bail.
The doctrine of merger does not bar subsequent bail applications in SC/ST (POA) Act cases based on changed circumstances, necessitating a merits-based evaluation by the Special Court.
Shabeen Ahmad v. The State of Uttar Pradesh
-
Read summaryAjwar v. Waseem
-
Read summary
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.