Back
M. NAGAPRASANNA
MEVINDI VEERESHA ALIAS ERANNA A. ALUR S/O ANDAPPA – Appellant
Versus
HARIHAR TOWN POLICE STATION – Respondent
ORDER :
1. The petitioner is knocking at the doors of this Court calling in question an order dated 07-03-2024 passed by the Additional District and Sessions Judge, FTSC-I, Davangere in Special Case No. 714 of 2023 cancelling the bail order dated 31-08-2023 granted in his favour.
2. Facts, in brief, germane are as follows:
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
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....
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....
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
Cancellation of bail justified for violating conditions by threatening complainant post-release, as evidenced by recorded statement and fresh FIR; distinct from bail grant, warranted on cogent ground....
Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
Bail under Section 439 of Cr.P.C. is not to be denied solely based on serious allegations; the prosecution must provide prima facie evidence relevant to the charges for bail cancellation.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
Violation of bail conditions, misuse of liberty, and involvement in criminal activities during the bail period are grounds for cancellation of bail, as per Section 439(2) of Cr.P.C.
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
