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A. S. SUPEHIA
Jayshreebaa Anirruddhsinh Gohil – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present application has been filed for cancellation of regular bail granted to the respondent No.2-original accused No.1 vide order dated 24.05.2021 in Criminal Misc. Application No.3410 of 2021 passed by the City Sessions Judge, Ahmedabad.
3. Learned advocate Mr.Rajput for the applicant has submitted that the original accused– respondent No.2 had filed an affidavit dated 16.03.2022 stating that he is ready and willing to deposit an amount of Rs.53,21,212/- out of Rs.70,94,950/- on or before 30.07.2022. He has invited attention of this Court to the order dated 24.05.2021, whereby the respondent No.2, who was ordered to be released on regular bail, has submitted that the conditions as mentioned in the said order are violated as he has not deposited any amount. He has further submitted that accordingly the applicant–complainant had filed an application for cancellation of bail however, the same has been rejected by the order dated 08.09.2021. Learned advocate has submitted that the bail granted to the respondent No.2 is required to be cancelled and the orders dated 08.09.
Failure to comply with bail conditions can lead to the cancellation of bail, as demonstrated in this case.
Violation of bail conditions, as evidenced by the accused's actions, warrants cancellation of the bail order.
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.
Cancellation of bail requires overwhelming reasons and cannot be allowed to be a tool in the hands of the first informants.
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
Non-compliance with bail conditions justified cancellation of bail.
(1) Cancellation of bail – Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair tr....
Compliance with bail conditions and cooperation with investigating agency for recovery of amount due to the complainant.
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