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GITA GOPI
Chauhan Mahendrasinh Udesinh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State.
2. The present Criminal Revision Application challenges the legality and validity of the order dated 14.08.2024 passed by the learned 2nd Additional District and Sessions Judge, Mehsana, Visnagar passed in Criminal Miscellaneous Application No.356 of 2024, which was preferred by the complainant under Section 439(2) of Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’).
3. Heard learned Advocate for the applicant Mr. Maulik M. Soni, who submitted that the bail granted on 08.12.2022 by the learned Additional District and Sessions Judge, Mehsana, Visnagar came to be cancelled and the applicant was directed to surrender before the trial Court and the arrest warrant has been issued. It is further submitted the process of arrest warrant is still open as it has not been served on the applicant and in the meantime, the applicant has preferred the present Criminal Revision Application challenging the order of cancellation of bail.
4. It is further submitted that the bail which was granted was in connection with the Firs
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.
(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....
Bail should not be cancelled without substantial justification, and courts must consider the circumstances surrounding compliance with bail conditions.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
Bail may be cancelled if the accused violates conditions by engaging in further criminal activity, with the court needing to assess the seriousness and context of such violations.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
Cancellations of bail require very strong and cogent reasons, especially when considering incidents that occurred after bail was granted; mere allegations are insufficient without substantial proof.
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