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HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Vivek Dashore S/o Rambharosh Dashore – Appellant
Versus
Arun Tamrakar S/o Late Bharat Lal – Respondent
Order :
(Arvind Kumar Verma, J.)
1. The instant petition has been filed for cancellation of bail granted to Respondent No.1 by order dated 23/01/2019 passed by the Sessions Judge, Durg in case No.83/2019 whereby the bail has been granted to the Respondent No.1.
2. Case of the prosecution in brief is that the petitioner is DM (Cardiology) and he along with one Dr. Raghvendra Rai was working in Sparsh Multi Specialty Hospital Supela, Bhilai, District Durg. On 13.01.2019 one patient namely Kumari Bai (aged about 76 years) was admitted in the hospital. On preliminary investigation she was found to be patient of BP, Diabetes and heart problem. The relatives of the patient told that she was an old patient of heart problem. For satisfaction of relatives of the patient, Dr. Balakrishnan (outside doctor) was called to see the patient who also apprised the relatives of the patient as to serious condition of the patient. In the night (at about 9:00 p.m.) of 15.01.2019 the condition of patient suddenly deteriorated and she died despite all efforts made by the hospital. At about 10:00 p.m. the information of death of the patient was apprised to non-applicant Arun Tamrakar (son of deceased) and two
Cancellation of bail requires cogent circumstances; mere allegations of misconduct are insufficient without evidence of misuse or supervening circumstances.
The main legal point established in the judgment is the need for proper consideration of material on record while granting anticipatory bail and the importance of overwhelming circumstances for cance....
Cancellation of bail requires cogent circumstances; mere allegations are insufficient without substantial evidence.
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.
The court emphasized the need for supervening circumstances or overwhelming evidence to warrant cancellation of bail, and highlighted the importance of not interfering with personal liberty without s....
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