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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Rachna W/o Pawan – Appellant
Versus
State (Govt. Nct Of Delhi) – Respondent
| Table of Content |
|---|
| 1. petition under article 227 for bail cancellation. (Para 1) |
| 2. factual background of property dispute and allegations. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments detailing issues with bail grant. (Para 11 , 12 , 13 , 15 , 16) |
| 4. court observations on balance of facts regarding bail. (Para 28 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 5. distinction between recall and cancellation of bail. (Para 29 , 30 , 31) |
| 6. final ruling on the dismissal of the petition. (Para 46 , 47) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed on behalf of the Petitioner, Smt. Rachna seeking cancellation of Bail granted by Ld. ASJ vide Order dated 24.12.2020 in case FIR No.28/2019 under Section 420 /406/467/468/471/34 INDIAN PENAL CODE , 1860 (hereinafter referred to as “IPC”) registered at Police Station Jagatpuri.
2. The brief facts of the case are that on 28.09.2012 Smt. Rachna, the Petitioner along with Smt. Kanchan Kakkar, purchased the property measuring about 200 sq. yds. with construction rights from Raj Kumar, Res
The court ruled that bail, while generally granted as a norm, may be revoked if serious allegations of fraud and potential flight risk arise, reflecting substantive judicial scrutiny of bail orders.
Bail may be cancelled only if subsequent evidence shows misconduct or supervening circumstances, not merely due to the seriousness of the charges; prior lawful consideration by lower courts is critic....
The court emphasized that bail should be denied if the accused's conduct poses a risk to the judicial process, particularly in cases involving serious offences and repeated criminal activity.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
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.
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