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DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Shiv Lingam – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. process of quashing bail cancellation (Para 1 , 2 , 3) |
| 2. arguments regarding bail rights and change of circumstances (Para 4 , 5) |
| 3. judicial considerations in bail applications (Para 6 , 7 , 10 , 11 , 12 , 13) |
| 4. learning from judicial impropriety (Para 8 , 9) |
| 5. concluding remarks on judicial discipline (Para 14 , 15) |
ORDER
Anoop Kumar Mendiratta, J. (ORAL)
1. Petitioner has preferred the present petition under Section 482 Cr.P.C. for quashing of the impugned order dated 07.06.2022 passed by learned Additional Sessions Judge-09, West, Tis Hazari Courts, Delhi whereby the bail granted to the petitioner vide order dated 06.04.2022 by the learned ACMM, Central, Delhi in FIR No.370/2020 under Section 448/451/467/468/471/34/IPC registered at PS: Patel Nagar has been cancelled under Section 439(2) Cr.P.C.
2. In brief, as per the case of the prosecution, the petitioner/accused in the present case committed trespass in the house of the complainant during her absence while they had gone to Gujarat due to Covid-19 in June, 2020. Further, the petitioner claimed possession on the strength of false and fabricated documents i.e. GPA dated 13.03.1985, GPA dated 14.12.1999, Co
The court emphasized that the improper granting of bail due to concealment of a pending application violates judicial discipline, necessitating careful consideration by subordinate courts to prevent ....
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.
(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 that the court has the power to cancel bail granted under section 439(2) of the Cr.P.C. if there is suppression of material fact by the petitioner,....
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