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J. C. DOSHI
Nitinbhai Narendrabhai Rajguru – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. filing for cancellation of previously granted bail (Para 1 , 3 , 4) |
| 2. initial procedural aspects of bail applications. (Para 2) |
| 3. nature of accusations leading to bail applications (Para 5 , 6 , 7) |
| 4. arguments presented by both sides regarding bail cancellation. (Para 8) |
| 5. arguments against the granting of bail (Para 10 , 11 , 12 , 14) |
| 6. reasons assigned by the learned sessions court for bail (Para 15 , 16 , 17) |
| 7. legal standards for cancellation of bail (Para 18 , 20 , 22) |
| 8. criteria for assessing misuse of bail (Para 24 , 25 , 26) |
| 9. final dismissal of bail cancellation petitions (Para 27 , 28) |
JUDGMENT :
J. C. DOSHI, J.
1. Rule. Learned APP waives service of rule for the respondent State.
2. Common question of law and facts arise in both the petitions, they are being disposed of by this common order.
3. Both the Criminal Misc. Applications u/s 439(2) of the Code of Criminal Procedure, 1973 have been preferred for cancellation of bail against the orders dated 1.9.2023 passed by the learned City Civil & Sessions Court, Ahmedabad in Criminal Misc. Application No.6940 of 2023 and 6976 of 2023 grating bail to the accused, who are arraigned as accused in the one and same
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
Point of law : Hon'ble Apex Court has adverted to all the past precedents and has encapsulated the circumstances under which bail granted to the accused under S.439 (1) of the Cr. P. C. can be revoke....
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....
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
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....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
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