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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Mitali Thakuria
Tasso Murte Opo, Son of Late Tasso Grayu – Appellant
Versus
State of AP represented by the PP of AP – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. M. G. Singh, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor representing the State respondent No. 1 and Mr. T. Tagum, learned counsel for the respondent No.2.
2. This is an application filed under Section 439 (2) read with Section 482 of the Code of Criminal Procedure, 1973, praying for setting aside the bail order dated 20.06.2024 passed by the learned Sessions Judge, Lower Subansiri District, Ziro in Crl. Misc. Bail Application No. 27/2024 (Z).
3. The brief facts leading to the filing of the present petition is that: On 23.03.2023 at 07:00 hours, written information was received from one Tasso Lajee, S/o Shri Tasso Bida, resident of Village Hari, PO/PS Ziro, District Lower Subansiri, alleging that his uncle, namely Shri Tasso Grayu, had been stabbed in the chest at around 8:40 PM on 22.03.2023. As a result, the victim was severely injured and admitted to Gyati Taka General Hospital, Hapoli. Accordingly, upon receipt of the written information, a case was registered as Ziro P.S Case No. 08/23 under Sections 302 /341 of IPC. Later, on 24.03.2023, the victim, Tasso Grayu, succumbed to his inju
The court underscored that bail decisions must weigh the seriousness of charges and potential witness tampering, emphasizing that casual orders lacking reasoning undermine judicial standards.
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 – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
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