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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....
Bail conditions must not include automatic cancellation upon subsequent offenses; cogent circumstances must be assessed for any cancellation.
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.
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.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
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