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J. C. DOSHI
Baneshwar Laxman Jana – Appellant
Versus
Ramapada Murlimohan Manna – Respondent
Based on the provided legal document, the key points are as follows:
The court emphasized that suppression of material facts during the process of obtaining bail can vitiate the relief granted and may serve as grounds for cancellation of bail (!) (!) .
The respondent accused did not suppress the fact of the warrant issued against him and cooperated during investigation, which influenced the court’s decision not to cancel the bail on the grounds of suppression (!) (!) .
The distinction between rejection of bail at the initial stage and cancellation of bail after it has been granted is crucial. The court highlighted that cancellation of bail involves different considerations and cannot be based solely on the suppression of facts unless it amounts to misrepresentation or fraud (!) (!) .
The court found that the respondent did not suppress any material facts relevant to the issuance of the warrant or the investigation process, and thus, no grounds for cancellation of bail based on suppression were established (!) (!) .
It was noted that the respondent extended cooperation in the investigation, and there was no evidence of misconduct or misuse of liberty after bail was granted (!) (!) .
The court also considered procedural aspects, including the timing of the issuance of warrants, charge-sheet filing, and the circumstances during the COVID-19 pandemic, which may have affected the respondent’s knowledge of certain proceedings (!) (!) .
The court concluded that no case was made out for the cancellation of bail on the grounds of suppression or misrepresentation, and the petition to quash the bail order was dismissed (!) (!) .
Overall, the decision underscores that cancellation of bail requires clear and compelling evidence of suppression or misconduct after bail has been granted, and mere omission or nondisclosure at the initial stage, especially when the accused cooperates, does not necessarily justify cancellation (!) (!) .
Let me know if you need a more detailed analysis or specific legal advice based on this document.
JUDGMENT :
1. By way of the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the order dated 04.02.2022 passed by this Court in Criminal Misc. Application No.1577 of 2022, whereby this Court has granted anticipatory bail to the respondent – original accused.
2. Heard learned advocate Mr.Dipen Desai for the petitioner, learned APP for the State and learned advocate Mr.Fouzan Soniwala for respondent no.1.
3. Learned advocate Mr.Dipen Desai for the petitioner submits that respondent accused has obtained order of bail passed in Criminal Misc. Application No.1577 of 2022 by playing fraud upon the Court. Referring to para 7 of the order passed in Criminal Misc. Application No.1577 of 2022, he would submit that the respondent accused has suppressed material fact. Charge-sheet was filed against him and in the charge-sheet he was shown was absconding accused. He would further submit that it is suppressed before the Court that warrant under section 70 of Cr.P.C. was issued against the respondent accused. It is submitted that suppression of material fact vitiates all reliefs. This fact which was within the knowledg
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