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RAJANI DUBEY
Tamaskar Yadav, S/o Mayaram Yadav – Appellant
Versus
Ishwari Yadav, S/o Ghanaram Yadav – Respondent
ORDER :
Since all these petitions filed under Section 439(2) of CrPC arise out of the order dated 16.12.2021 passed by this Court in MCRC Nos. 8758/2021, 8879/2021 and 8939/2021, they are being disposed of by this common order. By these petitions, the petitioner is seeking cancellation of bail granted to the respondents/accused by the said order.
2. As per prosecution case, on the date of incident, the respondents/accused along with other co-accused assaulted Dhaneshwar with club and caused injuries. This Court vide order dated 16.12.2021 passed in MCRC Nos. 8758/2021, 8879/2021 and 8939/2021, granted bail to the accused under Section 439 of CrPC.
3. Learned counsel for the petitioner submits that this Court has specifically directed vide order dated 16.12.2021 passed in 8758/2021, 8879/2021 and 8939/2021 that the accused shall not commit any offence otherwise the bail granted to them shall be liable to be cancelled. The respondent/accused gave false information before this Court that the nature of injury is simple whereas according to the charge sheet dated 16.10.2021 and as per the MLC report, the injury is grievous in nature. Thus, the accused persons have mislead the Court by play
The court cannot entertain a fresh prayer for relief in the matter of bail cancellation unless the previous order of final disposal has been set aside or modified.
(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....
Bail once granted should not be cancelled without cogent reasons and must consider supervening circumstances.
A bail cancellation application cannot be pursued in the High Court after the Sessions Court has rejected it; such challenges must follow appropriate procedural avenues and respect distinctions in la....
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
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