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S. G. MEHARE
Dnyaneshwar – Appellant
Versus
Ganesh – Respondent
JUDGMENT/ORDER
1. Heard the learned counsel for the applicant/first informant, the learned A.P.P. for the State and the learned counsel for the respondents/accused.
2. The State and the first informant shall be referred to as 'the prosecution', and the respondent shall be referred to as 'the accused' for convenience.
3. The prosecution has filed Application Nos.18, 17, 11 and 10 of 2021 for cancellation of the bail granted to the accused by the learned Additional Sessions Judge, Fast Track Court, Beed, vide common order dtd. 4/11/2020 below application Exhibit-30 in Sessions Case No.234 of 2019 and Criminal Bail Application No.653 of 2020 in respect of accused No.7, in connection with CR No.192 of 2019 registered with Police Station Georai, for the offences punishable under Ss. 302, 352, 143, 147, 148, 149 of the Indian Penal Code and Sec. 135 of the Maharashtra Police Act.
4. The accused had filed the bail application vide Miscellaneous Criminal Application No.533 of 2019. The learned Sessions Judge was pleased to reject their bail application. They approached this Court to seek bail vide B.A.No.1405 of 2019. On hearing the respective counsels, this Court had expressed disinclination
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
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....
The discretion to grant bail must be exercised judiciously, considering the gravity of the offence, evidence, and potential obstruction of justice.
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 is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
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