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K. SREENIVASA REDDY
Pallapati Malyadri, (A1), S/o China Malakondaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The moot question that crops up for consideration of this Court in this Criminal Petition is whether the Magistrate granting bail under Section 436 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’), is empowered to cancel the bail under Section 437 (5) CrPC on the ground that the police altered Section of law from Section 324 read with of the Indian Penal Code, 1860 (for short, ‘IPC’) to Section 324, 307 read with 34 IPC.
2. Petitioners herein are accused in crime No.277 of 2020 of Kanigiri police station. Originally, the case was registered against the petitioners for the offence punishable under Section 324 read with 34 IPC on the allegation that there were longstanding disputes between the petitioners and the defacto complainant and others in respect of partition of lands, and on the date of the incident i.e. on 07.10.2020, at about 9.00 AM, when the petitioners were ploughing the land, which is in dispute, the defacto complainant and others questioned them not to plough the land, and in respect of that, a wordy quarrel took place; then, 2nd petitioner beat defacto complainant with an axe on head and beat one Pallapati Suryanarayana with an axe on right hand palm
The court emphasized that the Magistrate is not empowered to cancel bail granted under Section 436 CrPC on the ground of alteration of the Section of law by the police, and highlighted the specific p....
After an accused is released on bail and serious offences are invoked at a later point of time, there is no requirement for cancellation of bail, only a permission to arrest the accused is needed.
Cancellation of bail should not be done in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive for a fair trial to allow the accused to ....
The court emphasized the need for overwhelming circumstances to warrant the cancellation of bail already granted and highlighted the importance of putting the accused on notice regarding such circums....
The legality of the order cancelling the bail granted to the petitioner, accused No.10, was determined based on the nature of the alleged offence as a bailable offence under Sec. 202 of IPC.
Point of law : Hon'ble Apex Court has adverted to all the past precedents and has encapsulated the circumstances under which bail granted to the accused under S.439 (1) of the Cr. P. C. can be revoke....
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