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SHAMPA DUTT (PAUL)
Shyamchand Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Shampa Dutt (Paul), J.—The present revisional application has been preferred against an order no. 51 dated 15.07.2023 passed by the learned Judge, Special Court, Lalbagh, Murshidabad in POCSO Case No. 07/2017 arising out of Jiaganj P.S. Case No. 23 of 2017 dated 04.02.2017 under Sections 376/306 of the Indian Penal Code and Section 4 of the POCSO Act, 2012.
2. Vide order dated 15.07.2023 the learned Trial Court held as follows:-
“……………Heard Ld. Special Prosecutor. Since the materials on record attracts prima facie commission of offence U/s 302 of IPC as well which is a higher section than with which the accused Shyamchand Mandal has been charged and facing trial I hereby invoke the liberty granted by the Hon’ble Apex Court in Pradeep Ram Vs State of Jharkhand reported in (2019) 17 SCC 326 calling upon accused Shyamchand Mandal to appear before the Court on the date fixed (29.09.2023) to answer as to why his earlier bail is not liable to cancellation in terms of the authority reported in Pradeep Ram vs. State of Jharkhand reported in (2019) 17 SCC 326 and same is required to be heard after serving the notice on the defacto complainant.
Inform all concerned accordingly...
Cancellation of bail – Bail is a mechanism that secures liberty to accused without providing any unjustified benefit to them – Bail once granted cannot be cancelled without any reason.
(1) Default bail – Courts have power to cancel bail and to examine merits of case in a case where accused is released on default bail and released not on merits earlier.(2) Deeming fiction under Sect....
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
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 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.
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.
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.
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