Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUMAN SHYAM, SHYAM C.CHANDAK
State of Maharashtra – Appellant
Versus
Madurai @ Madra Devendra Mariappan – Respondent
| Table of Content |
|---|
| 1. grounds for cancellation of bail. (Para 1 , 2) |
| 2. arguments regarding bail violations. (Para 3 , 4 , 5) |
| 3. court observations on evidence and incidents. (Para 6 , 10 , 11 , 12 , 13) |
| 4. distinction in cancellation grounds. (Para 14 , 15) |
| 5. application for cancellation rejected. (Para 22) |
ORDER :
Suman Shyam, J.
1. This Criminal Application is filed by the State of Maharashtra under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (“ BNSS ”) seeking cancellation of the bail granted to the Respondent/Original Accused No. 1, Madurai @ Madra Devendra Mariappan in Criminal Application No. 506 of 2019 arising out of Criminal Appeal No. 467 of 2019 on the ground that the Respondent has violated the bail conditions. The facts of the case, in a nutshell, are that the sole Respondent/Original Accused No. 1, along with three other co-accused, was prosecuted for committing the murder of one Mari Raman Devendra. On conclusion of trial the Respondent was convicted under Section 302 of IPC by the judgement and order dated 18th February 2019 passed by Additional learned Sessions Judge in Sessions Case No. 835 of 2014 arising out of C.R. No.285/2014 registered with Juhu Police Stat
Cancellations of bail require very strong and cogent reasons, especially when considering incidents that occurred after bail was granted; mere allegations are insufficient without substantial proof.
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.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Bail may be cancelled if the accused violates conditions by engaging in further criminal activity, with the court needing to assess the seriousness and context of such violations.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
Violating Condition Imposed in Bail Order - Cancel Bail - Criminal activity violating condition/conditions imposed in the bail order, the same is a supervening circumstances to cancel the bail.
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
