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HEMANT M. PRACHCHHAK
Binaben Wd/o Ashokbhai Panchal – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. This application is preferred under Section 439(2) of the Code of Criminal Procedure by the complainant for cancellation of bail granted to the original accused by the learned Sessions Judge vide order dated 21.11.2015 passed in Criminal Misc. Application No. 907 of 2015 for the offence punishable under Section 306 of the Indian Penal Code in connection with the offence registered being I.C.R. No.150 of 2015 before Langhnaj Police Station, Mehsana.
2. The brief facts of the case are that the applicant's late husband Ashokbhai Amratlal Panchal was engaged in trade of labour contractor along with his brother Deepakbhai. They both were also got Government work. In connection of the said work, there was a demand of money as Government contract entailed delayed payment in respect of the work.
Under the circumstances, the Applicant's husband was compelled to borrow money from the market with high rate of interest and therefore, he remained under constant pressure. The Applicant's husband was also telephonically contacted with lenders, who were pressing for their money and interest, of which the Applicant was aware.
2.1 The Applicant's husband had also borrowed some amounts of mone
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Advocates appeared :For the Appellant : Amit Lahoti For the Respondent : D. R. Sharma, V. D. Sharma, A. K. Nirankari
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....
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
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