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GITA GOPI
Bharat Devji Doru – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard learned advocates appearing for the parties. Rule. Learned APP waives service of notice of Rule on behalf of respondent State. Rule is fixed forthwith.
2. The present revision application has been filed under section 397 read with section 401 of Cr.P.C., praying to quash and set aside the order dated 15.09.2022 passed in Criminal Misc. Application No.413 of 2022, whereby the learned Sessions Judge cancelled the bail granted to the applicant and directed the applicant to surrender before the Court in connection with the offence being FIR No.11205031220080 of 2022, registered with Mandvi Police Satation, Mandvi, Kutchchh under sections 376(2)(n), 323, 294(b), 506(2) of IPC.
3. Mr. Salim M.Saiyed, learned advocate for the applicant submitted that the bail once granted should not be cancelled as a matter of course, and the Court is required to minutely examine the allegations made by the applicant praying for cancellation of bail, and on the basis of such an allegation, could have filed an FIR before the police, where the police could have taken cognizance. Advocate Mr. Saiyed, submitted that the provision is made under section 195A of IPC; instead on 26.03.2022 another F
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.
Bail once granted should not be cancelled without cogent reasons and must consider supervening circumstances.
The main legal point established in the judgment is the requirement for supervening circumstances and overwhelming reasons for the cancellation of bail, as outlined in Gurbaksh Singh Sibbia v. State ....
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 court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
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