Back
SANDEED MEHTA
... – Appellant
Versus
IN RE: STATE OF ARUNACHAL PRADESH – Respondent
ORDER :
1. This case is a classic example of “The protector turning into the predator.”
2. This Suo Moto Criminal Petition for cancellation of bail was registered by this Court vide order dated 21.07.2023, after coming across the news articles published in two newspapers, namely “Purvanchal Prahari” and “The Arunachal Times” regarding grant of bail by the Special Judge, POCSO Act Cases, Yupia, Arunachal Pradesh, vide order dated 23.02.2023 to the accused/respondent Yumken Bagra.
3. Facts in nutshell, relevant and essential for disposal of this Suo Moto Cancellation of Bail petition are noted herein-below:
Kidnapped and Rape - Bail granted - Under Section 439(2) of the new Code, a High Court may commit a person released on bail under Chapter XXXIII by any Court including Court of Session to custody, if....
(1) Cancellation of bail – Concept of setting aside an unjustified, illegal or perverse order is totally different from concept of cancelling bail on the ground that accused has misconducted himself ....
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....
The seriousness of the offense and the post-bail conduct of the accused should be considered while granting bail, and proper trial procedures, especially in cases involving child victims, must be fol....
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.(2) Bail granted without due consideration of material factors warrants interference – In of....
The main legal point established in the judgment is that the grant of bail must be based on relevant considerations, and the heinous nature of the offence, statutory presumptions under the POCSO Act,....
The importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
